li.9 


/. 


U.  S.  DEPARTMENT  OF  AGRICULTURE, 

BUREAU  OF  CHEMISTRY— BULLETIN  No.  69  (Revised),  PART  V. 


II.  w.  wii.KY.  Chief. 


LfBPvARY 


OF  THE 


-  Wm  Jl mMMnmh 


V.     LAWS  OF  NEW  JERSEY,   \K\V  MEXICO,   NKW  TOTtK;- 
KQRTH  CAROLINA.  AND  NORTfi   DAKOTA. 


By    W.    I).    BIGELGW. 


Chief,  I >ivim«n  01   ETood& 


WASHINGTON 
GOVERNM1  N  I    PRIN  HNG   "I  I  ICR 

I   'Ml.. 


I 


U.  S.  DEPARTMENT  OF  AGRICULTURE, 

BUREAU  OF  CHEMISTRY— BULLETIN  No.  69  (Revised),  PART  V. 
H.  \Y.  WILEY,  Chief. 


FOODS  AND  FOOD  CONTROL 


REVISED    TO    JXJL-5T     1,    1905. 


V.     LAWS  OF  NEW  JERSEY,  NEW  MEXICO,  NEW  YORK, 
NORTH  CAROLINA,  AND  NORTH  DAKOTA. 


By   W.    I).    BIGELOW, 
(  'hikf.  I  Division  of  Foods. 


w  IJ3HINGTON 
GOVEENMI  NT   PRINTING   0F1  H'K. 
L90 


LETTER    OF   TRANSMITTAL 


U.  S.  Department  of  Agrici  lture, 

Bureau  of  Chemistry, 
Washington,  I).  C.,  October  20,  I 
Sik:  I  have  the  honor  to  submit  for  your  approval  a  compilation  of 
the  food  laws  of  New  Jersey,  New  Mexico,  New  York,  North  Caro- 
lina, and  North  Dakota,  revised  to  July  1.  L905.  I  recommend  that 
this  manuscript  be  published  as  Bulletin  No.  69,  Revised,  Tart  V,  of 
the  Bureau  of  Chemistry. 

Respectfully,  II.  W.  Wiley, 

Chief. 
Hon.  James  Wilson, 

Si  en  tary  of  Agriculture. 


ii 


CONTENTS. 


Page. 

New  Jersey 373 

General  food  laws , .  373 

Alcoholic  beverages 380 

Bread  ( bakeries,  confectioneries,  etc ) 380 

Dairy  products 384 

Flour  and  meal 392 

Honey 395 

Meat 395 

Vinegar 400 

Water  and  ice 403 

New  Mexico 408 

General  food  laws 408 

Alcoholic  beveragee 410 

Water 410 

New  York 411 

General  food  laws 411 

Alcoholic  beveragee 417 

Bread 419 

Canned  goods 420 

Confectionery 420 

Dairy  products 420 

Evaporated  apples 428 

Flour 428 

Honey 429 

Maple  products 430 

Meat 431 

( lysters 432 

Vinegar 433 

Water 

Rules  and  regulationa  of  the  State  board  of  health 4:>4 

North  Carolina   

• reneral  food  laws 

Alcoholic  be  

Batter 440 

Corn  meal M0 

Meat 441 

Watei    .          441 

Standards  and  rulings  ol  the  board  o!  agriculture  under  the  pure-1 1 

law    441 

North  Dakota 446 

:ieral  food  law  -  ,                 1 1"> 

Cindy 448 

hairy  product-                                       148 

M.-at    

summary  ol  pure  food  law  .  .                            J'v} 

Killing 

in 


Digitized  by  the  Internet  Archive 
in  2013 


http://archive.org/details/foodsfoOObige 


FOODS  AND  FOOD  CONTROL-V. 

Revised  to  July  1,  1905. 


V.    Laws   of  New   Jersey,  New    Mexico,  New    York,  North    Carolina,    ami 

North  Dakota. 


NEW   JERSEY. 


Previous  to  1901  the  food  laws  of  NVw  Jersey  were  administered  by 
the  dairy  commissioner.     In  the  year  mentioned  the  former  laws  were 

repealed  and  new  food  laws  enacted,  the  administration  of  which  was 
made  the  duty  of  the  board  of  health. 

i.KXERAL  FOOD   LAWS. 

21).  1 1 )  Inspector 8  appointed  by  governor.     The  governor  shall  have  power  to  li.  • 

upon  such  terms  as  he  may  deem  expedient  (and  may  revoke  each  Licensee  .  Buitable 

persons  as  inspectors  of  beef,  pork,  flour,  grain,  tobacco,  spirits,  nils,  and  all  kinds 
of  merchandise,  on  tin-  wharves,  docks  and  piers,  stores  and  warehouses  of  this  state, 
and  in  order  to  give  a  marketable  character  to  the  article-  so  inspected,  the  in.-pect- 
ors  so  appointed  may  use  and  affix  the  same  marks  of  inspection  as  are  used  in  the 
state  of  New  Jersey  or  in  the  city  of  New  York. 

:\i).  (2)   i  pttona     That  the  inspectors  may  charge  the  same  fees  as  are 

DOW  charged  ill  New  York;  the  said  merchandise  while  the  same  is  in  bulk  on  the 
wharves,   docks,  pier-,  stoics  and   warehouses   for  exportation  or  importation   shall 

be  exempted  from  the  attachment  law-  of  the  state  of  New  Jereey. 

approved   March  27,   1866.     Public  haws  L866,   p.  7oi:   General   statute-    1896, 

vol.  2,  p.  1711' 

tnd  drug  defined.    The  term  "food"  as  need  in  this  act  shall  include 

every  article  used  forf 1  or  drink  by  man,  and  every  ingredient  in  such  article, 

and  all  confectionery  and  condiments;  and  the  term  "drug"  as  used  in  this  act  shall 
include  ever}  article  of  medicine  for  internal  or  external  use,  and  everj  ingredient  in 
such  article.   -At  amended  April  /.'.  1906 x  Act*  of  t906t  ca.  /■■'.*,  />/■ 

ipure  druge.    The  following  drugs  shall  be  deemed  to  be 

impure  within  the  meaning  Of  tin-  art  :  |  1  any  drug  w  hi.  h.  being  known  under  or 
by  a    nam.-    recognised    in  tin-  la-t  revised    United  States  pharmacopoeia,  possesses  a 

strength,  qualit  reeof  puritj  interior  to  or  different  from  thai  laid  down  in 

such  revised  pharmacopoeia;  (2)  any  <\vu<j  which,  not  being  known  under  or  bj  ■ 
oame  recognized  in  the  last  revised  UnitedStatee  Pharmacopoeia,  but  which  is  found 
in  some  other  pharmacopoeia  or  in  some  other  standard   vrork  on  materia  medica, 


374  FOODS  AND  FOOD  CONTROL. 

I  strength,  quality  or  degree  of  purity  inferior  to  or  different  from  that  laid 
down  in  Bach  other  pharmacopoeia  or  standard  work;  and  (3)  any  drug  whose 
strength,  quality,  or  degree  of  purity  falls  below  the  professed  standard  under  which 
it  is  Bold.— 4*  amended  March  29, 1904,  Laws  of  1904,  eh.  17 1,  p.  S08. 

Sec.  3.  Impure  foods  defined.  The  following  foods  shall  be  deemed  to  be  impure 
within  the  meaning  of  this  act:  (1)  any  food  which  is  rendered  poisonous  or  inju- 
rious to  health,  or  whose  quality,  strength  or  degree  of  purity  is  injuriously  reduced, 
lowered  or  affected  by  adding  thereto  or  mixing  therewith  any  other  substance  or 
substances;  (2)  any  food  for  any  of  whose  constituents  there  have  been  substituted 
any  substance  or  substances  inferior  to  or  cheaper  than  the  constituents  naturally  or 
customarily  composing  such  food  or  any  part  thereof;  (3)  any  food  from  which  has 
been  wholly  or  partially  abstracted  any  valuable  or  necessary  constituent;  (4)  any 
food  which  consists  wholly  or  in  part  of  diseased,  decomposed,  putrid,  infected, 
tainted  or  rotten  animal  or  vegetable  substance,  whether  manufactured  or  not,  and 
(5)  in  the  case  of  milk,  if  it  contains  more  than  eighty-eight  per  centum  of  watery 
fluids  or  less  than  twelve  per  centum  of  milk  solids,  or  if  any  water,  drug,  chemical. 
preservative  or  other  substance  be  added  thereto  or  mixed  therewith,  and  (6)  in  the 
case  of  cream,  it  it  contain  less  than  sixteen  per  centum  of  butter  fat,  or  if  any  pack- 
•  ntaining  cream  having  less  than  sixteen  per  centum  of  hotter  fat  i-  not  plainly 
and  legibly  bo  marked,  or  if  any  water,  drug,  chemical,  preservative  or  other  sub- 
Btance  be  added  thereto  or  mixed  therewith;  no  person  shall  kill  or  aid  in  killing 
for  human  food,  any  calf  less  than  three  weeks  old,  or  sell  or  offer  for  sale,  or  have 
in  possession  with  intent  to  sell,  for  human  food,  any  such  calf  or  any  of  the  meat 
thereof.— As  amended  April  12,  1905,  Ads  of  1906,  ch.  tS2,  /</• 

9b  .  4.  Sal  of  impure  food  and  drugs.  No  person  shall  distribute  or  sell,  or  have 
in  his  possession  with  intent  to  distribute  or  sell,  any  article  of  food  or  drug  which, 
under  any  of  the  provisions  of  this  act,  is  or  shall  be  deemed  to  be  impure. 

BBC.  5.  Sale  of  imitations.  NTd  person  shall  distribute  or  sell,  or  offer  to  distribute 
or  sell,  any  article  of  food  or  any  drug  which  is  an  imitation  of  some  other  article  of 
food  or  of  some  other  drug  under  or  by  the  name  of  the  article  of  food  or  drag  imi- 
tated, but  the  same  shall  be  distributed  and  sold,  or  offered  for  distribution  or  sale, 
only  by  the  true  name  of  the  imitation. 

Sec.  <>.  Coloring,  etc.,  to  hide  defects.  No  person  shall  distribute  or  sell,  or  offer  for 
distribution  or  Bale,  or  have  in  his  possession  with  intent  to  distribute  or  sell.  an\ 
article  of  food  which  shall  have  been  colored,  coated,  polished,  powdered  or  treated 
in  BUCh  manner  as  to  conceal  any  element  of  injury  or  damage  therein  or  any  Infe- 
riority of  quality  thereof. 

Sec.  11.  Powers  Vested  in  Slate  l»><tnl  of  health.  The  state  board  of  health  shall 
have  the  power  from  time  to  time  to  adopt,  promulgate  and  publish,  by  circular  or 
Otherwise,  such  general  rules  ami  regulations  for  the  government  of  tin-  analyst-, 
chemists,  chief  inspector  and   such  other  inspectors  and   employes  appointed   by  the 

said  board  as  they  may  deem  proper;  they  shall  also  have  the  power  to  give  to  an} 
analysts,  chemists  or  chief  inspector,  or  other  inspector  or  employe  appointed  by  the 
hoard,  Mich  orders  concerning  any  performance  of  duty  as  they  from  time  t<>  time 

may  deem  proper,  they  shall  also   have  the  power  from  time  to  time  to  appoint  Mich 

analysts,  chemists,  chief  Inspector  ami  other  inspectors  and  employes  is  they  may 

deem    proper,  who  shall    hold   their  respective   positions  during  the  pleasure  of  said 

board  and  perform  such  general  or  special  sen  ices  as  said  board  may  by  their  general 

rules  and    regulations  or   by  their  special   order-  require,  ind  to  li\  and  allow   to  .-aid 

analysts,  chemistB,  chief  inspector  and  other  inspectors  and  employ.-,  respectively, 
suchsalai  i  •  compensation  at  the  -aid  board  shall  deem  to  he  reasonable, 

which  sals  .md  compensation  shall  he  paid  out  of  the  appropriations  from 

time  t..  time  made  by  the  Legislature  for  carrying  out  the  provisions  of  this  act;  the 
-aid  board  shall  have  the  power,  and  it  shall  be  their  duty,  through  said  analysts. 


NEW    JERSEY.  375 

chemists,  chief  inspector  and  other  inspectors  and  employes  and  in  such  other  ways 
as  the  said  board  may  deem  practicable,  to  make  inquiries  and  investigations  con- 
cerning alleged  or  probable  violations  of  any  of  the  provisions  of  this  act.  to  cause 
any  and  all  persons  guilty  of  any  violation  thereof  to  be  prosecuted  under  the  pro- 
visions of  this  act,  and,  generally,  to  adopt,  carry  out  and  enforce  such  rales  and 
regulations  as  shall  promote  the  purposes  of  this  act. 

12.  Sampling,  especially  of  milk.  Every  person  who  shall  distribute  or  sell,  or 
offer  f.»r  distribution  or  sale,  or  have  in  his  possession  with  intent  to  distribute  or  sell, 
any  article  of  food  or  drug,  shall,  on  the  request  therefor  and  the  tender  of  the  value 
thereof  by  any  chief  or  other  inspector  appointed  under  the  authority  of  this  act, 
deliver  to  such  chief  or  other  inspector  so  much  of  any  such  article  of  food  or  drug  as 
said  chief  or  other  inspector  may  request.  If  such  request  shall  not  be  immediately 
granted,  Baid  chief  or  other  inspector  shall  thereupon  have  the  power  to  demand  and 
take  so  much  of  any  such  articleof  food  or  drug  as  such  chief  or  other  inspector  may 
think  proper,  he,  at  the  time  of  said  demand  and  taking,  tendering  to  the  person  in 
charm-  of  such  article  of  food  or  drug  what  he  may  deem  to  be  the  reasonable  value 
thereof;  said  chief  or  other  inspector  shall,  at  the  time  of  the  delivery  to  him  of  such 
article  of  food  or  drug,  or  of  his  demanding  and  taking  the  same,  divide  the  Bample 
so  delivered  or  demanded  and  taken,  in  the  presence  of  one  or  more  witnesses,  into 
two  {.arts,  and  shall  duly  seal  each  part  in  a  suitable  can,  vessel  or  package,  and,  at 
the  time  of  taking  such  sample,  shall  tender,  and  if  accepted,  shall  deliver  one  pari 
to  the  person  of  whom  the  request  ordemand  was  made,  with  a  statement,  in  writing. 
signed  by  said  chief  or  other  inspector,  that  such  sample  is  taken  for  the  purp 
analysis;  and  in  any  prosecution  of  any  person  for  the  violation  of  any  provision  of 
this  act  or  of  any  otherstatute  of  this  state  relative  to  the  prevention  of  deception  in 
the  sale  of  food  products,  no  proof  of  any  analysis  thereof  -hall  be  given  in  evidence 
by  the  prosecutor  unless  a  part  of  the  sample  shall  have  been  sealed  up  and  tendered, 
with  such  writing  as  aforesaid,  to  the  person  of  whom  the  requesl  or  demand  was 
made;  the  chief  and  every  other  inspector  appointed  under  the  authority  of  this  act, 
whenever  he  ha-  reason  to  believe  that  any  of  the  provisions  of  this  act  concerning 
the   sale  or  distribution  of   milk,  or  the  offering  Or  exposing  of   milk  for  sale,  or  the 

having  milk  in  possession  for  the  purpose  of  -ale.  i-  being  violated,  shall  have  power 
to  ..pen  any  can,  \  esse!  or  package  containing  such  suspected  milk,  whether  the  can. 
vessel  or  package  be  sealed  or  locked  or  not,  and  whether  it  be  in  transit  or  not;  and 
if.  upon  inspection,  he  shall  believe  that  such  milk  is  being  distributed  or  sold,  or 
had  in  possession  with  intent  to  distribute  <>r  sell,  or  offered  or  exposed  tor  .-ale.  con- 
trary to  any  of  the  provisions  of  this  act,  lie  may.  in  the  presence  of  one  or  more 
w  itneeeee,  take  a  -ample  thereof  and  seal  it  in  a  can,  vessel  or  package,  and  send  the 
Bample  thus  enclosed  and  sealed  for  analysis  to  any  chemisl  appointed  under  the 

authority  of  this  act;   he  may  al-o  in  any  BUch  C886  condemn  such   milk  and   pour  it 

u] the  ground.— As  amended  Aj>n( .;,  t90t,  Law*  of  1902,  ch.  133,  pj 

,.  Every  person  who  shall  violate  any  of  the  provisions  of  thi-  act, 
and  every  person  who  -hall  obstruct  or  in  anywise  interfere  with  any  analysts,  chem- 
ists, chief  inspector  or  other  inspector  or  employ,-  ,.f  the  State  board  of  health  in  the 

performance  of  any  duty  under  this  act,  shall  be  liable  to  a  penalty  of  fifty  dollars; 

"/.  however,  that  if  any  person  char-zed  with   the  \  iolation  of  any  of  the  pn>\  i- 

— i  -  .11—  of  thi-  a.t  concerning  impure  foods  or  impure  drugs  shall  prove  at  the  hearing 

or  trial  of  the  complaint  that    the  article  alleged   to  be  impure  wa-  produced  under  a 

warranty  from  any  per-.. n  or  persona  residing  within  thi- state,  in  the  form  herein' 

alter -«t  forth,  that  said  art  id.-  w  as  pure  wit  bin   the   meaning  of   thi-  act,  and   prior 

to  the  hearing  Or  trial  shall  have  tiled  in  the  di-tri.  t  curt,  or  w  it  Ii  the  justiceof  the 

police  justice  OT  recorder,  U'fore  whom   the  ca-e  i-   prosecuted,  and  with  the 

attorn. -\  of  the  prosecutor  of  the  case,  a  copy  of  such  warranty,  the  person  so  com- 

plained  against  -hall  be  discharged  fr-.m  prosecution;  the  warranty  to  justifj  Buch 


376  FOODS    AND    FOOD    CONTROL. 

discharge  shall  specifically  name  and  describe  the  article  or  articles  warranted  and 
shall  be  of  the  following  form,  to  wit:  "It  is  hereby  warranted  that  the  following- 
described  article  or  articles,  to  wit, are  pure  and  unadulterated  within  the 

meaning  of  the  act  of  the  legislature  of  the  state  of  New  Jersey  entitled  'An  act  to 
Becure  the  purity  of  foods,  beverages,  confectionery,  condiments,  drugs  and  medicines, 

and  to  prevent  deception  in  the  distribution  and  sales  thereof,' approved  the 

day  of ,  A.  D.  nineteen  hundred  and  one;"  every  such  warranty  shall  be  signed 

by  the  warrantor,  but  no  warranty  shall  be  a  defense  if  the  person  offering  it  shall 
have  been  notified,  prior  to  the  sale  complained  of,  that  the  article  or  articles  men- 
tioned in  it  were  impure  within  the  meaning  of  this  act. 

ration.  Every  district  court  and  every  justice  of  the  peace  in  any  city 
or  county,  and  every  police  justice  or  recorder  in  any  city,  is  hereby  empowered  on 
complaint  under  oath  or  affirmation  made  according  to  law  that  any  person  or  per- 
sons has  or  have  violated  any  of  the  provisions  of  this  act.  to  issue  process,  in  the 
name  of  the  board  of  health  of  the  state  of  New  Jersey,  as  prosecutor,  for  the  use 
of  the  state  of  New  Jersey,  or  in  the  name  of  any  local  board  of  health  of  the  town- 
ship, city,  borough,  town  or  other  municipal  government  within  whose  limits  the 
penalty  may  have  been  incurred,  as  prosecutor,  for  the  use  of  such  township,  city, 
borough,  town  or  other  local  municipal  government;  said  oath  or  affirmation,  if 
made  by  any  member,  inspector  or  other  officer  of  the  state  board  of  health,  or  of 
any  Local  board  of  health,  may  be  upon  information  or  belief ;  said  process  shall  be 
in  the  nature  i  if  either  a  summons  or  warrant  against  the  person  or  persons  so  charged; 
when  in  the  nature  of  a  warrant,  it  shall  be  returnable  forthwith,  but  before  any 
warrant  shall  issue  out  of  any  district  court  the  judge  thereof  shall  endorse  upon  the 
complaint  an  order  in  the  following  or  similar  words,  'Met  the  warrant  issue  in  this 
case,"  to  which  said  judge  shall  sign  his  name;  and  when  in  thenatureof  asummons, 
it  shall  be  returnable  in  not  less  than  one  nor  more  than  ten  entire  days;  such  process 
shall  state  what  section  of  the  law  is  alleged  to  have  been  violated  by  the  defendant  or 
defendants;  and  on  the  return  thereof,  or  at  any  time  to  which  the  trial  shall  have 
been  adjourned,  the  said  district  court,  justice  of  the  peace,  police  justice  or  recorder, 
if  no  jury  be  demanded  in  accordance  with  the  provisions  of  the  next  succeeding 
section,  shall  proceed  to  hear  the  testimony,  and  to  determine  and  give  judgment  in 
the  matter,  without  the  filing  of  any  pleadings,  either  for  the  prosecutor  for  the 
recovery  of  such  penalty  with  costs,  or  for  the  defendant  or  defendants;  if  such  judg- 
ment be  for  the  prosecutor  as  aforesaid,  it  shall  be  in  the  following  or  similar  form: 

"  state  of  New  Jersey,  county  of ,  ss:  Be  it  remembered  that  on  this day 

of ,  in  the  year  of  our  Lord   nineteen  hundred ,  at ,  in  said  county, 

(  !.  I).,  defendant,  was,  by  the  district  court  of  the  city  of  T.  (or,  by  me,  E.  1'".,  JUS- 
fcice  of  the  peace,  police  justice  or  recorder  of  the  city  of  ,  or  as  the  0886  may 

convicted  of  violating  the section  of  the  act  of  the  Legislature  of  New 

Jersey  entitled  'An  ad  to  secure  the  purity  of  foods,  beverages,  confectionery,  condi- 
ments, drugs  and   medicines,  and  to  prevent   deception  in  the  distribution  and  Bales 

thereof,'  approved  the day  of A.  D.  nineteen  hundred ,  in  a  sum- 
mary proceeding,  at  the  suit  of  the  board  of  health  of  the  state  of  New  Jersey  I  or.  of 

the  local  board  of  health  of  the  tow  DShip  of    L,  OT  88  the  C886  may  be  i,  SB  prosecutor; 

and  further  thai  the  w  Itnessee  in  Baid  proceeding  who  testified  for  the  prosecutor  were 
(name  them);  and  the  ^  itnessee  who  testified  for  the  defendant  were  (name  them  >: 

w  herefore  tin-  said  court  |  or  justice  Of  the  peace,  police  justice  or  recorder,  as  the  case 

maybe)  .loth  hereby  give  judgment  that  the  prosecutor  recover  of  the  defendant 

tin  \  dollars  penalty  and  -  dollars  cost  of  this  proceeding,  and  that  execution  do 

againsl  theg Is  and  chattels  of  said  defendant  for  t  he  amount  of  said  penalty 

and  costs,  and  for  want  of  sufficient  g is  and  chattels,  whereon  to  Levy  and  make 

the  Bame,  to  take  the  body  of  the  defendant  and  convey  him  to  the  common  jail  of 

the  comity   and  deliver  him  tO  the  keeper   there. ■!  to  be  there  confined  until  the  >aid 


NEW    JERSEY.  377 

penalty  and  costs  be  fully  paid,  or  until  he  be  thence  delivered  by  due  course  of 
law;"  said  judgment  shall  be  signed  by  the  judge  of  the  district  court,  justice  of  the 
peace,  police  justice  or  recorder  giving  the  same. 

Sec.  15.  Trial.  Either  party  to  any  proceeding  instituted  under  the  provisi 
this  act  may,  at  any  time  previous  to  the  hearing  of  the  complaint  in  .such  pn  reeding, 
demand  a  trial  by  jury,  and  if  a  jury  is  demanded  a  venire  shall  be  issued  to  summon 
a  jury  of  twelve  men,  being  citizens  of  this  state  above  the  age  of  twenty-one  years  and 
under  the  age  of  sixty-five  years,  and  in  no  wise  akin  to  the  defendant  or  defendants, 
nor  interested  in  the  proceeding,  to  be  and  appear  before  the  district  court,  justice  of  t  he 
peace,  police  justice  or  recorder  issuing  the  venire,  at  such  time  and  place  as  shall  be 
expressed  therein,  to  make  a  jury  for  the  trial  of  the  matter  mentioned  therein;  and 
the  constable  or  sergeant-at-anns  shall,  at  the  return  of  the  said  venire,  return, 
annexed  thereto,  a  panel  containing  the  names  of  the  jurors  whom  he  shall  have 
summoned  by  virtue  thereof;  and  if,  on  the  return  of  the  venire,  it  shall  appear  that 
one  or  more  of  the  jurors  are  disqualified  to  serve,  or  do  not  appear,  then  it  shall  be 
lawful  for  the  constable  or  sergeant-at-arms  who  served  the  same,  by  Older  of  the 
court,  justice  of  the  peace,  police  justice,  or  recorder  before  whom  the  trial  is  to  be 
had,  immediately  to  summon  others  who  shall  serve  in  their  stead;  such  jury,  hav- 
ing been  first  duly  sworn  or  affirmed  according  to  law,  with  the  court,  justice  of  the 
peace,  police  justice  or  recorder  before  whom  the  trial  is  to  be  had,  shall  thereupon 
proceed  to  hear  the  testimony,  the  jury  rendering  their  verdict  upon  the  facts,  and 
the  court,  justice  of  the  peace,  police  justice  or  recorder  deciding  upon  all  questions 
of  law;  if  the  jury  find  the  defendant  or  defendants  guilty,  the  court,  justice  of 
the  peace,  police  justice  or  recorder  shall  give  judgment  in  the  matter,  without  the 
filing  of  any  pleadings,  for  the  prosecutor  for  the  recovery  of  said  penalty  with 
casts;  if  the  jury  find  the  defendant  or  defendants  not  guilty,  the  judgment  shall  be 
generally  for  such  defendant  or  defendants;  if  judgment  be  given  for  the  prosecutor 
as  aforesaid,  it  shall  be  in  the  following  or  similar  form:  "State  of  New  Jersey, 

county ss:  Be  it  remembered  that  on  this day  of ,  in  the  year  of 

our  Lord  nineteen  hundred  and ,  at ,  in  said   county,  (\  D.,  defendant, 

was  by  a  jury  duly  summoned  before  the  district  court  of  the  city  of  T.  (or,  before 

me,  E.  1'.,  justice  of  the  peace,  police  justice  or  recorder  of  the  city  of ,  or,  a-. 

the  ca>e  may  be  convicted  of  \  i< datiiiLT  tin- section  of  tin-  act  of  the  legisla- 
ture <>f  the  -tate  of  New  Jersey  entitled  -An  act  be  secure  the  purity  of  foods,  bever- 
ages,  confectionery,  condiments,  drugs  and  medicines,  and  to  prevent  deception  in 
the  distribution  and  sales  thereof,'  approved  the" day  of ,  A.  I),  nine- 
teen hundred  and  ,  in  a  summary  proceeding,  at  the  suit  of  the  1m, aid  of 

health  of  the  state  of  New  Jersey  (or,  of  the  local  board  of  health  of  the  township 
of  A.,  or  as  the  case  may  be)  a-  prosecutor;  and  further,  that  the  witnesses  in  said 
proceeding  who  testified  for  the  prosecutor  were    name  them),  and  the  wit: 
who  testified  for  the  defendant  were  (name  them;  wherefore,  the  said  court 
justice  of  the  peace,  police  justice  or  recorder,  a-  the  case  maj  be    doth  hereby  give 

judgment  that  the  prosecutor  recover  of  the  defendant  fifty  dollars  penalty  and 

dollars  costs  of  this  proceeding,  and  that  execution  do  linst  the  g \g  and 

chattels  of  said  defendant  for  the  amount  of  said  penalty  and  costs,  and  for  want  of 
sufficient  goods  and  chattels  whereon  to  ie\  \  and  make  the  same,  to  take  the  body 

of  the  defendant  and  convey  him  to  the  common  jail  of  the  county  and  deliver  him 
to  the  keeper  thereof,  to  I  ..•  there  confined  until  the  said   penalty  and  COSti   he   fully 

paid,  or  until  he  he  thence  delivered  by  due  course  of  law  ;"'  said  judgment  shall  he 

I  by  the  judge  of  the  district  court,  justice  of  the  peace,   police  just; 
recorder  giving  the  same. 

lti.  Appeal.  If  either  the  prosecutor  or  t hi- defendant  or  defendant-  he  dis- 
satisfied with  any  judgment  given  under  the  provisions  of  either  the  fourteenth  or  the 
fifteenth  section  of  this  act,  the  dissatisfied  part)  may  appeal  to  the  court  of  common 


378  FOODS  AND  FOOD  CONTROL. 

pleas  of  the  county  in  which  the  judgment  appealed  from  shall  have  been  rendered, 
which  appeal  shall  be  taken  by  tiling  with  «  with  the  court,  justice  of  the  peace  ox 
recorder  who  gave  the  judgment,  a  notice  of  such  appeal,  signed  by  the  appealing 
party,  or  his.  her  or  their  agent;  provided,  howevt  r,  that  no  appeal  shall  be  allowed  to 
or  taken  by  any  defendant  from  any  judgment  against  such  defendant  unless,  with 
said  notice  of  appeal,  such  defendant  shall  als<  i  file  a  bond,  with  at  least  one  sufficient 
surety  to  be  approved  by  the  court,  justice  of  the  peace  or  recorder  who  shall  have 
given  the  judgment,  in  double  the  amount  of  the  judgment,  and  conditioned  that  the 
appellant  or  appellants  shall  appearand  prosecute  the  appeal  in  said  court  of  common 
pleas,  shall  stand  to  and  abide  the  judgment  of  said  court  of  common  pleas,  and  shall 
pay  such  costs  as  shall  be  taxed  against  the  appellant  or  appellants,  if  the  judgment 
appealed  from  be  affirmed;  the  court,  justice  of  the  peace  or  recorder  who  shall  have 
given  the  judgment  appealed  from  shall  send  a  transcript  of  the  proceedings  and 
judgment  and  said  notice  of  appeal,  together  with  any  bond  that  may  have  been  tiled 
under  the  provisions  of  this  section  above  contained,  to  the  clerk  of  the  court  of  com- 
mon pleas  to  which  the  appeal  is  taken  on  or  before  the  first  day  of  the  term  of  said 
court  next  ensuing  such  appeal;  in  any  case  of  appeal  by  a  defendant  alter  execution 
shall  have  been  issued,  the  court  of  common  pleas  to  which  the  appeal  is  taken,  upon 
receiving  satisfactory  proof  that  the  notice  of  appeal  above  mentioned  has  been  filed 
with  the  court,  justice  of  the  peace  or  recorder  who  gave  the  judgment,  and  upon 
filing  with  the  clerk  of  the  court  of  common  pleas  to  which  the  appeal  is  taken,  such 
bond  as  aforesaid,  to  be  approved  by  said  court  of  common  pleas,  may  stay  the  exe- 
cution until  the  further  order  of  said  last-mentioned  court,  a  rule  to  which  effect 
shall  be  entered  in  the  minutes  of  the  said  last-mentioned  court  and  a  copy  thereof, 
certified  by  the  clerk  of  said  last-mentioned  court,  shall  be  served  on  the  constable 
in  whose  hands  the  execution  may  be;  the  proceedings  for  bringing  on  the  hearing 
of  such  appeal,  and  for  conducting  such  hearing,  shall  be  the  same  as  in  tin-  case  of 
the  trial  of  causes  on  appeal  to  the  court  of  common  pleas  under  the  provisions  of  the 
act  entitled  "An  act  constituting  courts  for  the  trial  of  small  causes,"  approved  the 
twenty-seventh  day  of  March,  in  the  year  one  thousand  eight  hundred  and  seventy- 
four,  and  the  acts  supplementary  thereto  and  amendatory  thereof. — As  amended 
April  /h  1902,  Laws  of  1902,  eh.  183,  pp.  580-582. 

Sec  17.  Kirrution.  In  case  judgment  as  aforesaid  shall  be  rendered  against  any 
defendant,  in  any  such  proceedings  as  aforesaid,  execution  shall  thereupon  be  granted 
by  the  court,  justice  of  the  peace,  police  justice  or  recorder  giving  the  judgment, 
commanding  the  officer  to  whom  the  execution  is  delivered  to  levy  and  make  the 
amount  of  the  penalty  and  costs  imposed  by  the  judgment  out  of  the  goods  and  chat- 
tels of  the  defendant,  and  for  want  of  sutlicient  goods  and  chattels  whereon  to  levy 
and  make  the  same,  to  take  the  body  of  t  lit*  defendant  and  convey  him  to  the  com- 
mon jail  of  the  OOlinty  and  deliver  him  to  the  keeper  thereof,  to  be  there  confined 
until  the  said  penalty  and  costs  he  fully  paid,  or  until  he  he  thence  delivered  by  due 

course  of  law. 

B]  o.   L8.    l\  naltij.     The  officers  to  serve  and  execute  any  process  or  execution  issued 

as  aforesaid  shall  be  the  constable  of  the  county,  and  \\  ithin  the  jurisdiction  of  any 
district  court  shall  include  the  Bergeant-at-arma  thereof,  \\  hich  sen  Ice  and  execution 

shall   in  all  cases  he  made  in   the  same  manner  and   under  the  same  liabilities  that 

other  processes  and  executions  issued  out  of  the  district  court  of  this  state  are  served 
and  executed  under  and  by  virtue  of  the  pi-M\  isions  of  the  act  entitled  "An  act  con- 
cerning district  court-,"  approved  June  fourteenth,  In  the  year  eighteen  hundred 
and  ninety-eight;  the  costs  taxable  and  recoverable  in  any  case  prosecuted  aa  afore- 
said shall  be  the  COSte  allowed  by  the  act  iast  above  mentioned  in  caSSS  pro-rented  in 

district  courts;  the  penalty  recoverable  in  anj  such  action  shall  be  paid  to  the  prose- 

"  Bo  in  Statutes. 


NEW    JERSEY.  379 

cutor  therein,  who  shall  pay  the  same  into  the  treasury  of  this  state  when  Bach 
prosecutor  is  the  state  board  of  health,  and  when  the  prosecutor  is  a  local  board  of 
health  such  local  board  shall  pay  the  penalty  into  the  treasury  of  the  township,  city, 
borough,  town  or  other  local  municipal  government  within  which  such  local  board 
has  jurisdiction;  the  judge  of  the  district  court,  justice  of  the  peace,  police  justice  or 
recorder  before  whom  any  case  is  prosecuted  under  the  provisions  of  this  act  may 
adjourn  the  hearing  thereof  from  time  to  time,  not  exceeding  thirty  days  from  the 
return  day  of  the  summons  or  warrant;  and  in  any  case  where  a  warrant  shall  have 
been  issued  may  require  the  defendant  to  enter  into  a  bond  with  sufficient  surety  to 
the  plaintiff  in  the  penal  sum  of  two  hundred  dollars,  conditioned  to  appear  at  the 
time  and  place  of  the  hearing  or  trial,  and  in  default  of  such  bond  may  commit  the 
defendant  to  the  common  jail  of  the  county  to  be  there  detained  until  the  hearing 
or  trial  of  the  complaint;  and  if  any  defendant  shall  fail  to  appear  at  the  time  and 
place  to  which  the  hearing  or  trial  shall  he  so  adjourned,  the  bond  shall  be  delivered 
to  the  prosecutor,  wh<>  may  sue  thereon,  and  all  moneys  recovered  in  such  suit  shall 
be  paid  by  the  prosecutor  into  the  same  treasury  into  which  it  is  above  required  to 
pay  the  penalty  recovered  from  any  defendant  for  violation  of  any  of  the  provisions 
of  this  act. 

Skc.  19.  F'rfst'  warranty.  Any  person  who  shall  give  or  utter  any  false  warranty 
of  the  form  prescribed  in  the  fifteenth  section  of  this  act.  shall  be  guilty  <>f  a  misde- 
meanor, and,  on  conviction  thereof,  shall  be  punished  by  a  tine  of  not  more  than 
five  hundred  dollars,  or  imprisonment  at  hard  labor  for  not  more  than  one  year, 
;it  the  discretion  of  the  court. 

20.  Annual  expenditure.  The  state  board  of  health  may  expend  annually  for 
the  purposes  oi  carrying  out  the  provisions  of  this  art  a  sum  not  exceeding  fifteen 
thousand  dollars,  which  sum  shall  be  paid  by  the  treasurer  of  this  state  upon  the 
warrants  of  the  comptroller:  provided,  however,  that  an  appropriation  therefor  shall 
lirst  be  made  by  the  legislature;  and  should  this  ad  go  into  eff eel  the  sum  appro- 
priated to  the  use  of  the  dairy  commissioner  shall  be  placed  to  the  account  of  the 
state  board  of  health. 

22.  Sundry  acts  r<j»'i/"f.  The  following  acts  are  hereby  repealed:  "An  act  to 
protect  butter  and  cheese  manufacturers,"  approved  March  twenty-third,  eighteen 
hundred  and  sixty-five;  "An  act  relative  t<»  the  dairy  commissioner,"  approved  .June 
thirteenth,  eighteen  hundred  and  ninety-five;  "An  act  to  prevent  the  adulteration 
and  to  regulate  the  sale  of  milk,"  approved  .March  fourteenth,  eighteen  hundred  and 
eighty-tWO,  and  all  acts  supplementary  thereto  and  amendatory  thereof;   "An  act  to 

prevent  the  adulteration  of  food  or  drugs,"  approved  March  twenty-fifth,  eighteen 
hundred  and  eighty-one,  ami  all  acts  supplementary  thereto  and  amendatory  there  >f; 
"An  act  to  prevent  the  adulteration  of  candy,"  approved  March  fourteenth,  eighteen 
hundred  and  ninety-five;  and  "An  act  to  prevent  deception  in  the  sale  of  cakes  and 
biscuits  and  to  preserve  the  public  health,  "approved  March  twenty-second,  eighteen 

bund  re<l  and  ninety-live,  and  all  other  acts  and  parts  ofactfl  inconsistent  with  this  act 

Sac  24.   Effect.    This  act  shall  take  effect  on  the  first  day  oi  November,  in  the 

yell  nineteen  hundred  and  one. 

Approved  March  21,  1901.     Acts  of  L901,  ch.  86,  p.  L86. 

I.  \funicipai  inspectors.  The  board  of  health  of  any  municipality  in  this  state 
shall  have  the  power  to  designate  from  among  its  sanitary  inspectors  one  or  more 
inspectors  who  shall  be  known  as  inspector  or  inspectors  of  foods  and  drugs  of  such 

municipality,   and    whose   duties    -hall    be,    besides    the   Usual   duties   Of   ■   sanitary 

inspector  in  such  municipality,  to  aid  in  the  enforcement  of  the  act  to  wrbich  thi<  i< 

a  supplement,  and  w  ho  shall  ha\e  ail  the  powers  and  ant  hoi  it  \  riven  or  to  be  given 


380  FOODS  AND  FOOD  CONTROL. 

by  said  act  or  the  acts  supplementary  thereto  or  amendatory  thereof  to  any  inspector 
appointed  thereunder. 

Approved  March  30,  1904.  Laws  of  1904,  ch.  211,  p.  374  (supplement  to  act  of 
March  21,  1901,  ch.  85). 

Sec.  6.  Standardizing  of  foods  and  drugs.  The  State  board  of  health  shall,  from 
time  to  time,  have  power  to  fix  the  limits  of  variability  permissible  in  any  article  of 
food  or  drug,  the  standard  of  which  is  not  fixed  in  any  law  of  this  State. 

Sec  7.  Effect.     This  act  shall  take  effect  immediately. 

Approved  April  4,  1902.  Session  Laws  1902,  ch.  183  (supplement  to  act  of  March 
21,  1901,  ch.  85). 

ALCOHOLIC  BEVERAGES. 

'2H  7.  ( 1 . )  - 1  dulteration  of  distilled  liquors  or  wines  prohibited;  penalty.  If  any  person 
or  persons  shall  manufacture  or  import  already  manufactured,  or  barter  or  sell,  or  keep 
in  his  possession  for  barter  or  sale,  any  rum,  brandy,  wine  or  spirits  of  any  kind,  or 
any  other  liquid  of  which  distilled  spirits  shall  form  a  component  part,  to  be  osed 
as  a  beverage,  that  shall  be  adulterated  or  manufactured  with  spurious  or  poisonous 
ingredients  of  any  description,  the  person  or  persons  so  offending  shall  be  adjudged 
guilty  of  a  misdemeanor,  and  on  conviction  shall  be  punished  by  a  fine  not  exceed- 
ing  one  thousand  dollars,  or  imprisonment  at  hard  labor  for  any  term  not  exceeding 
two  years,  or  both,  at  the  discretion  of  the  court. 

298.  (2.)  Adulteration  of  malt  liquors  prohibited;  penalty.  If  any  person  or  persons 
shall  adulterate,  mix,  compound  or  poison  any  malt  liquors,  with  intent  to  barter  or 
sell  the  same,  or  to  mix,  compound  or  poison  any  malt,  or  vinous  or  spirituous 
liquors,  the  one  with  the  other,  or  in  any  way  whatever,  or  give,  barter,  or  sell  the 
same,  with  intent  to  make  greater  profit,  or  with  intent  to  produce  intoxication  or 
stupefaction,  every  person  or  persons  so  offending  shall  be  adjudged  guilty  of  a  mis- 
demeanor, and  on  conviction  shall  be  punished  by  fine  not  exceeding  live  hundred 
dollars,  or  imprisonment  at  hard  labor  for  any  term  not  exceeding  one  year,  or  both, 
at  the  discretion  of  the  court. 

Approved  April  6,  1871.     General  Statutes  1895,  vol  1,  pp.  1104-1105. 

BREAD  (BAKERIES,  CONFECTIONERIES,  ETC.). 

Sac.  1.  Length  of  work-in;/  day;  employees  as  witnesses.  No  employee  shall  be 
required,  permitted  or  suffered  to  work  in  a  biscuit,  bread  or  cake  bakery,  or  con- 
fectionery establishment  more  than  sixty  hours  in  any  one  week,  or  more  than  ten 
hours  in  any  one  day,  unless  for  the  purpose  of  making  a  shorter  workday  on  the 
last  day  <>f  the  week,  Qor  more  hours  in  any  one  week  than  will  make  an  average  of 
tea  hour-  per  day  for  the  whole  number  of  days  in  which  such  person  shall  so  work 

during  such  week;  but  it  shall  be  lawful  in  cases  of  emergency  for  employers  to  per- 
mit any  employee  and  for  the  latter  to  work  an  additional  time  not  exceeding  two 

bOUTE  per  day,  such  extra  work  to  he  remunerated  at  the  current  rate  of  the  weekly 
paid    to  such   employee  for   liis  weekly  work  of  sixty  hours;    no  employee   in 

any  biscuit,  bread  or  cake  bakery  shall  he  discharged  by  his  employer  for  having 
made  any  truthful  statement  as  a  witness  in  a  court  or  to  the  factory  inspector  or  a 

deputy  factory  Inspector,  in  pursuance  of  this  act. 

8i  < .  '2.  Plumbing  mid  ventilation.     All  buildings  or  rooms,  occupied  as  biscuit,  bread 

or  cake  bakeries,  shall  he  drained  and  plumbed  in  a  manner  to  conduce  to  the  proper 
and  healthful  Sanitary  condition  thereof,  and  constructed  with  air-shafts,  windows 
or  ventilating  pipes  BUfficienl  to  insure  ventilation,  as  the  factory  inspector  or  any  of 

his  deputies  shall  direct;  no  cellar  or  basemenl  not  now  occupied  as  a  bakery  shall 


NEW    JERSEY.  381 

hereafter  be  occupied  and  used  as  a  bakery,  and  a  cellar  bakery  heretofore  occupied, 
when  once  closed  shall  not  be  re-opened,  unless  the  proprietor  shall  have  previously 
complied  with  the  provisions  of  this  act. 

Sec.  3.  Construction  and  care  of  bakeries,  storehouses  and  factories  for  meal  products.  >  tc 
Every  room  used  for  the  manufacture  of  flour  or  meal  food  products  shall  be  at  least 
eight  feet  in  height,  and  shall  have,  if  required  by  the  factory  inspector  or  a  deputy 
factory  inspector,  an  impermeable  floor,  constructed  of  wood  properly  saturated  with 
linseed  oil;  the  side-walls  of  such  rooms  shall  be  plastered  or  wainscoted,  except 
where  brick  walls  are  shown,  and,  if  required  by  the  factory  inspector,  or  a  deputy 
factory  inspector,  shall  be  whitewashed  at  least  once  in  three  months;  the  furniture 
and  utensils  in  such  rooms  shall  be  so  arranged  that  the  furniture  and  floor  may  at 
all  times  be  kept  in  a  proper  and  healthful,  sanitary  and  clean  condition;  no  domes- 
tic animal,  except  cats,  shall  be  allowed  to  remain  in  a  room  used  as  a  biscuit,  bread 
or  cake  bakery,  or  for  the  storage  of  flour  or  meal  food  products. — As  amended  March 
24,  1903,  Laws  of  1903,  eh.  64,  p.  98. 

Sec  4.  Storage  of  flour  of  meal  products.  The  manufactured  flour  of  meal  products 
shall  be  kept  in  perfectly  dry  and  airy  rooms,  so  arranged  that  the  floors,  shelves 
and  all  other  facilities  for  storing  the  same  can  be  easily  and  perfectly  cleaned. 

Sec.  5.  Washrooms,  etc.,  in  bakeries.  Every  such  Bakery  Bhall  be  provided  with  a 
proper  wash-room  and  water-closet  or  closets,  apart  from  the  bake-room  or  rooms 
where  the  manufacturing  of  such  food  products  is  conducted;  and  no  water-closet, 
earth-closet  or  privy  shall  be  within  or  communicate  directly  with  the  bake-room  of 
any  bakery,  hotel  or  public  restaurant. 

.  6.  Sleeping  rooms  in  bakeries.  The  sleeping  places  for  the  persons  employed  in 
a  bakery  shall  be  kept  separate  from  the  room  or  rooms  where  flour  or  meal  food 
products  are  manufactured  or  stored,  and  the  factory  inspector  or  a  deputy  factory 
inspector  may  inspect  such  sleeping  places,  if  they  an-  on  tin-  same  premises  as  the 
bakery,  and  order  them  cleaned  or  changed  in  compliance  with  sanitary  principles. 
.  7.  Penalty.  Any  owner  or  proprietor  of  the  business  of  any  biscuit,  bread  or 
cake  bakery  who  shall  violate  any  provision  of  sections  one  or  ten  of  this  act,  or  any  act 
amendatory  hereof  or  supplementary  hereto,  or  shall  refuse  or  omit  to  comply  with 
any  requirement  of  the  factory  inspector  or  deputy  factory  inspector  as  herein  pro- 
vided, or  who  shall,  for  thirty  day-  after  receiving  notice  in  writing  from  any  person 
or  persons  requiring  compliance  with  the  provisions  of  this  act,  refuse  or  omi1  to 
comply  with  the  provisions  of  sections  two,  three,  four,  live  or  six  of  this  act,  shall 
forfeit  ami  pay  f Or  the  firsl  offenses  penalty  of  one  hundred  dollars,  and  for  each 
subsequent  offense  a  penalty  of  two  hundred  and  fifty  dollars. — As  amended  March 

24,  190.1,  Lairs  of  1903,  rh.  r,'h  pp.  U8-99. 

Bi  i .  .v  Enforcement  by  factory  inspector  and  <l>jmt,/.  The  factory  inspector,  and  the 
deputy  factory  inspectors  within  their  respective  districts,  shall  require  and  enforce 
compliance  with  all  the  provisions  of  this  act,  and  for  that  purpose  it  shall  be  the 
duty  of  the  factory  inspector  to  personally  visii  and  inspect  all  biscuit,  bread  and 
cake  bakeries,  and  rooms  or  places  used  for  the  Btorage  of  (lour  or  meal  food  products, 
or  to  cause  such  visii  and  inspection  to  in-  made  by  a  deputy  factory  inspector  within 
his  own  district  not  Less  than  once  in  six  month-:  and  whenever  a  complaint  in  writ- 
ing, signed  by  any  worker  or  employe  in  any  such  bakery,  simp  or  place,  or  by  any 

officer  or  representative  of  any  labor  union  m  the  county  wherem  the  same  is  located, 
Bhall  be  received  by  tim  said  factory  inspector,  "i-  a  deputy  factory  inspector,  stating 

that  any  provision  of  this  act  IS  being  \  mlated   in   any  bakery,  shop  or  place  therein 

designated,  it  .-hall  be  the  duty  of  the  said  factory  inspector  in  any  event,  and  also  of 
the  deputj  factory  inspector  within  his  on  n  district,  if  such  complaint  i-  reo  ived  b) 
him,  to  forthwith  visit  and  inspect  the  bakery,  shop  or  place  so  designated;  i 
>iich  visii  or  inspection  shall  he  made  in  the  presence  of  those  then  working  or 
employed  in  any  such  bakery,  shop  "t  place  during  the  usual  hours  of  employment 


382  FOODS  AND  FOOD  CONTROL. 

therein;  and  thereupon  the  said  factory  inspector,  or  a  deputy  factory  inspector 
within  his  own  district,  upon  heing  satisfied  that  all  the  provisions  of  this  act,  and 
of  all  acts  amendatory  hereof  or  supplementary  hereto,  are  being  complied  with 
therein,  may  issue  a  certificate  to  the  person,  persons  or  corporation  conducting  or 
carrying  on  any  such  bakery,  shop  or  place,  that  the  same  is  conducted  in  com- 
pliance with  the  provisions  of  this  act,  and  of  the  acts  amendatory  hereof  and 
supplementary  hereto. — As  <ima\dr<l  March  24,  1903,  Laws  of  1903,  ch.  64,  p.  99. 

-  .  9.  Si  rvvng  <>/  notia  8.  Any  notice  given  under  or  pursuant  to  this  act,  or  any  act 
amendatory  hereof  or  supplementary  hereto,  shall  he  in  writing,  and  may  be  served 
apt  m  such  owner  or  proprietor  either  personally  or  by  mail,  or  by  leaving  the  same  at 
the  bakery,  shop  or  place  therein  designated  or  referred  to,  during  the  usual  hours  of 
employment  therein;  and  the  mailing  of  any  notice,  with  postage  prepaid,  directed 
to  such  owner  or  proprietor  at  his  last-known  post-office  address,  or  to  the  address 
of  any  bakery,  shop  or  place  therein  designated  or  referred  to,  shall  be  deemed  suf- 
ficient.—.Ik  <oiu>,uh><l  March  ..'4,  190St  Lacs  of  1903,  ch.  64,  p.  100. 

.  LO.  Employees  under  eighteen  years  of  age.  No  person  under  the  age  <  >i"  eighteen 
years  shall  be  employed,  or  required,  permitted  or  suffered  to  work,  in  a  biscuit, 
bread  or  cake  bakery  between  the  hours  of  seven  o'clock  in  the  afternoon  and  seven 
o'clock  in  the  forenoon. — Added  March  24,  1903,  Laws  of  1903,  ch.  64,  p.  100. 

Sec.  11.  Prosecution;  disposition  of  fines.  Any  penalty  incurred  under  or  by  virtue 
of  any  provision  of  this  act,  or  of  any  act  amendatory  hereof  or  supplementary  hereto, 
may  be  recovered  in  an  action  of  debt  in  any  court  of  law  of  this  state  having  juris- 
diction of  civil  causes,  to  be  brought  by  and  in  the  name  of  any  person  or  persons  of 
fifil  age,  or  corporation,  who  will  bring  the  same,  which  action  may  be  commenced, 
as  in  ordinary  cases,  by  summons,  which  need  not  be  endorsed  as  in  qui  tain  actions, 
and  shall  be  proceeded  with  therein,  as  in  ordinary  cases,  in  the  court  where  such 
action  is  brought,  and  the  finding  or  verdict  shall  be  that  the  defendant  has  or  has 
B  the  case  may  be)  incurred  the  penalty  claimed  in  the  demand  of  the  plaintiff, 
and  judgment  shall  be  given  accordingly;  and  in  case  of  recovery  one-half  of  the 
amount  of  the  judgment  recovered  shall  belong  to  the  person,  persons  or  corporation 
by  whom  the  action  is  brought  and  the  other  half  thereof  shall  be  paid  by  the  per- 
son, persons  or  corporation  recovering  the  same  to  the  treasurer  of  the  state  of  New 
Jersey  for  the  use  of  the  state;  in  case  execution  shall  be  issued  in  BUch  action  and 
returned  unsatisfied,  the  court,  on  application  and  two  days'  notice  to  the  defendant 
or  defendants,  may  award  an  execution  to  take  the  body  of  the  defendant  or  defend- 
ants, as  in  other  cases  w  bete  a  capias  or  warrant  may  issue  out  of  the  court  wherein 
such  action  is  brought,  and  thereafter  the  rights,  remedies  and  liabilities  of  the  par- 
ties, and  the  proceedings  in  the  case,  shall  be  the  same,  as  nearly  as  may  be,  as  in 
Other  actions  in  such  court  where  an  execution  to  take  the  body  of  the  defendant  or 
defendants  has  been  issued. 

Approved  April  Hi,   L896.      Laws  of  lS*)o,  ch.  181,  pp.  Z66-26& 

Bbc.  i.  Bakery  defined;  department  of  labor  to  enforce  law.    For  the  purposes  of  this  act 

■.uid  the  act  to  which  it  is  a  supplement  biscuits,  pies,  bread,  crackers,  cakes  and  con- 
fectionery shall  be  interpreted  to  be  goods,  and  places  w  herein  the  same  are  made  or 
manufactured  shall  be  held  and  considered  as  places  u  here  goods  are  manufactured; 
the  word  bakery  in  this  act  shall  include  all  buildings,  rooms  or  places  where  bis- 
cuit-, pies,  bread,  Crackers,  cakes  and  confectionery  are  made  or  manufactured,  and 
the  provisions  Of  this  act,  or  any  supplement  thereof  or  amendment  thereto,  shall  he 
enforci  d  by  the  department  of  labor,  and  it  shall  be  the  duty  of  the  officers  of  that 
department    to  enforce   the   provisions  of  this  act;    all   suit-   brought    for   violations 

of  any  of  the  provisions  of  this  act  shall  be  brought  in  the  manner  and  under  the 

same   restriction-:!-   i-  provided   for   bringing   suits  under  the  act  to  which  this   is  a 

supplement. 


NEW    JERSEY.  383 

Bbc.  2. «  Working  hours  in  bakeries.  No  employe  shall  be  required,  permitted  or  suf- 
fered to  work  in  any  bakery  more  than  sixty  hours  in  any  one  week,  or  more  than 
ten  hours  in  any  one  day,  unless  for  the  purpose  of  making  a  shorter  workday  on  the 
last  day  of  the  week,  nor  more  hours  in  any  one  week  than  will  make  an  average  of 
ten  hours  per  day  for  the  whole  number  of  days  in  which  such  employe  shall  bo 
work  during  such  week,  but  it  shall  be  lawful,  in  cases  of  emergency,  for  an  employer 
to  permit  any  employe  to  work  an  additional  time,  not  exceeding  two  hours  per  day, 
such  extra  wTork  to  be  remunerated  at  the  rate  of  weekly  wages  paid  to  such  employe 
for  his  week  of  sixty  hours;  no  employe  in  any  bakery  shall  be  discharged  by  his 
employer  for  having  made  any  truthful  statement  as  a  witness  in  a  court,  or  to  the 
commissioner,  assistant  commissioner  of  labor,  or  any  inspector  in  pursuance  of  this 
act,  or  any  act  amendatory  hereof  or  supplementary  hereto. 

Sec.  3.  Plumbing  and  ventilation.  All  buildings  or  rooms  where  goods  are  manu- 
factured or  made  shall  be  drained  and  plumbed  in  a  manner  that  will  conduce  to  the 
proper  and  healthful  sanitary  condition  thereof,  and  shall  have  airshafts,  windows  or 
ventilating  pipes  sufficient  to  insure  ventilation;  no  cellar,  basement,  or  place  which 
is  below  the  street  level,  shall  hereafter  be  used  and  occupied  as  a  place  in  which  to 
manufacture  biscuits,  pies,  bread,  crackers,  cakes  and  confectionery,  except  where 
the  same  was  used  for  that  purpose  at  the  time  of  the  passing  of  this  act. 

Bbc.  4.  Construction  andean  of  bakeries.  Every  room  used  for  a  bakery  shall  heat 
least  eight  feet  in  height  and  shall  have,  if  required  by  the  said  commissioner  or 
assistant  commissioner,  an  impermeable  floor,  constructed  of  wood  properly  saturated 
with  linseed  oil;  the  sidewalls  of  such  rooms  shall  be  plastered  or  wainscoted,  except 
where  brick  walls  are  shown,  and  if  required  by  the  said  commissioner  or  assistant 
commissioner,  shall  be  whitewashed  at  least  once  in  three  months;  the  furniture  and 
utensils  in  such  rooms  shall  be  so  arranged  that  the  furniture  and  floor  may  at  all 
times  be  kept  in  a  proper  and  healthful,  sanitary  and  clean  condition;  the  commis- 
sioner shall  have  the  power  to  order  that  any  bakery  shall  be  cleaned  in  such  manner 
as  he  shall  direct;  no  domestic  animal,  except  cats,  shall  be  allowed  to  remain  in  a 
room  used  as  a  bakery. 

.  5.  Storage  of  bread,  cake,  etc.  Biscuits,  pies,  bread,  crackers,  cake  and  confec- 
tionery, after  the  same  are  made  or  manufactured,  shall  be  kept  in  dry  and  airy  rooms; 
the  floors,  shelves,  pans,  trays  and  every  kind  of  appliances  used  for  storing  the  same 
shall  be  so  arranged  that  they  can  be  easily  and  thoroughly  cleaned. 

t>.  Washrooms,  etc.,  m  bakeries.  Whoever  shall  conduct  a  place  covered  by  the 
provisions  of  this  act  shall  provide  a  proper  washroom  and  water-closet  or  closet  sep- 
arate and  apart  from  the  room  or  rooms  in  which  the  manufacture  of  the  goods  is 
carried  on;  no  water-closet,  earth-closet  or  privy  shall  he  within  or  communicate 
directly  with  the  room  in  which  goods  covered  by  the  provisions  of  this  act  are  made 
or  manufactured. 

7.  (Beeping  quarters  m  bakeries.  Bleeping  places  for  person-  employed  in  a 
bakery  shall  be  kept  separate  from  the  room  or  rooms  used  for  a  bakery,  and  the 
commissioner  or  assistant  commissioner  or  an  inspector  may  inspect  BUCh  Bleeping 
places,  if  they  are  on   the  same  premises  as  the  hakery,  and  order  them  cleaned  or 

changed,  in  compliance  with  sanitary  principles. 

9s  s  Enforcement  by  commissioner  of  labor.  The  commissioner  of  labor  shall  be 
required  to  enforce  compliance  with  all  the  provisions  of  this  act,  and  for  that  par- 
pose  it  shall  be  ids  duty  to  have  all  bakeries  visited  and  Inspected  at  least  once  in 

six  months;  and  whenever  a   complaint    in  writing,  signed    by  any  employe   in  any 

such  bakery  or  by  any  officer  or  representative  of  any  labor  union  in  the  county 
wherein  the  same  is  located,  shall  ;  l  by  the  said  commissioner  stating  that 


ectione  2  7  and  section  0  are  practically  identical  with  sees   l  I  lOof 

the  law   Of  1896       &  •    :■!• 

lti'.ui     No  09,  pi  5    06 2 


384  FOODS    AND    FOOD    CONTROL. 

any  provision  of  this  act  is  being  violated  in  any  bakery,  it  shall  be  the  duty  of  the 
said  commissioner  forthwith  to  have  the  said  bakery  concerning  which  complaint  is 
made  visited  and  inspected;  the  visits  or  inspections  shall  be  made  in  the  presence 
of  those  then  working  or  employed  in  said  bakery  and  during  the  usual  hours  of 
employment  therein. 

Sec  9.  Employees  under  eighteen  years  of  age.  No  person  under  the  age  of  eighteen 
years  shall  be  employed,  allowed,  permitted  or  required  to  work  in  any  bakery 
between  the  hours  of  seven  o'clock  in  the  afternoon  and  seven  o'clock  in  the  fore- 
noon following. 

Sec.  10.  Serving  of  notices.  All  notices  given  under  or  pursuant  to  this  act,  or  any 
act  -upplementary  thereof  or  mandatory  thereto,  shall  be  in  writing,  signed  by  the 
commissioner  of  labor,  and  may  be  served  upon  the  owner  or  proprietor  of  the  place 
wherein  such  violation  occurred  either  by  delivering  the  same  to  him  in  person  or 
by  sending  it  to  him  by  mail  at  his  last  known  postoffice  address,  with  postage  pre- 
paid; if  his  postoffice  address  is  not  known,  then  the  said  notice  may  be  mailed  to 
the  address  of  the  bakery  or  place  wherein  such  violation  shall  have  been  committed; 
the  notice  providing  for  the  doing  of  any  act  or  the  abating  of  anything  forbidden  by 
thia  act  shall  fix  the  time  within  which  such  act  shall  be  done  or  such  thing  abated, 
and  if  the  order  shall  not  be  obeyed  within  the  time  therein  fixed  the  person  so  fail- 
ing  to  obey  shall  be  liable  to  the  penalty  herein  fixed  for  the  violation  hereof. 

11.  Penalty.  Any  person  violating  any  of  the  provisions  of  this  act,  or  any 
owner  or  proprietor  who  fails  to  obey  any  order  of  this  act,  shall  be  liable  to  a  pen- 
alty of  fifty  dollars  for  the  first  offense  and  one  hundred  dollars  for  each  subsequent 
offense. 

Approved  April  5,  1905.  Laws  of  1905,  ch.  102,  pp.  203-206;  Supplement  to  an 
Act  approved  March  24,  1904.« 

8bc.  l.  Weight  of loaves;  freedom  from  foreign  mb&anees.  That  hereafter  all  bread  sold 
in  this  state  shall  be  sold  by  weight,  and  the  weight  of  all  loaves  of  bread  offered  for 
salt-  shall  be  specified  by  the  baker  or  dealer  to  the  consumer,  if  said  consumer  require 
it;  all  bread  sold  shall  be  free  from  all  impure  or  foreign  substances  or  any  material 
injurious  to  health. 

Si.i  .  2.  Penalty.  Any  person  offending  against  the  provisions  of  this  act  by  refusing 
to  specify  the  weight  when  so  required,  or  by  falsely  specifying  said  weight  inten- 
tionally or  by  wilfully  inserting  in  bread  made  or  sold  by  him  any  impure  or  foreign 
substance  or  material  injurious  to  health,  shall,  upon  conviction  therefor,  be  pun- 
ished by  a  fine  not  exceeding  the  sum  of  twenty-live  dollars  for  each  offense,  in  the 
discretion  of  the  court. 

Skc.  :;.  Enforcement.  Any  offences  under  this  act  shall  be  cognisable  in  cities  before 
recordere  or  police  magistrates  exclusively  where  there  are  such  magistrates,  and  in 
town-,  cities  and  other  places  where  there  is  no  such   magistrate,  before  a  justice  of 

the  peace. 

8a  .  -4.  Effect.  This  act  shall  take  effect  on  the  first  day  of  August,  one  thousand 
eight  hundred  and  ninety-six. 

Approved  April  L6,  L896.     Laws  ot  1896,  ch.  L78,  p.  261. 

DAIRY  PRODUCTS 

1.  Can},,,'*  brand  <>,,  butter  ftrbfast  etc.;  penalty.  Every  cooper  or  manufacturer 
of  firkins,  tuba  or  other  veeself  for  the  package  of  butter  or  cheese,  shall  brand  in 
legible  letters  and  characters,  upon  every  such  firkin,  tub  oi  vessel  by  him  manu- 
factured, hi-  name,  together  with  the  actual  and  true  weight  of  such  firkin,  tabor 

I  \identlv  an  error;   refers  to  law  of  |9Q3, 


NEW    JERSEY.  385 

vessel,  and  if  any  cooper  or  manufacturer  shall  dispose  of  any  such  firkin,  tub  or 
vessel  without  such  brand,  or  shall  falsely  brand  the  same,  he  shall  forfeit  and  pay 
to  such  person  as  shall  prosecute  for  the  same,  the  sum  of  twenty-five  dollars;  to  be 
recovered  by  action  of  debt  in  any  court  of  competent  jurisdiction. 

2.  J'nhranded  firkins  not  to  be  used;  penalty.  It  shall  not  be  lawful  for  any  person 
to  sell  and  dispose  of  any  butter  or  cheese  packed  or  placed  in  any  hrkin,  tub  or 
vessel  manufactured  or  made  for  such  purpose  in  this  state,  unless  such  firkin,  tub 
or  vessel  shall  be  branded  in  the  manner  provided  in  the  first  section  of  this  act,  and 
if  any  person  shall  disregard  this  provision  or  shall  alter  or  purposely  deface  the 
brand  which  may  be  made  under  the  direction  of  this  act,  every  such  person  shall 
forfeit  and  pay  the  sum  of  twenty-five  dollars  to  Blicfa  person  a-  shall  sue  for  the 
same,  to  be  recovered  in  an  action  of  debt,  in  any  court  of  competent  jurisdiction. 

Approved  April  7,  1864.     General  Statutes  1895,  vol.  1,  p.  1164. 

5*20.  I  1  |  Municipal  milk  inspectors;  licenses;  fees.  It  shall  be  lawful  for  the  common 
council,  board  of  aldermen  or  other  governing  body  of  any  city,  incorporated  borough, 
police,  sanitary  or  improvement  commission,  incorporated  camp  meeting  association 
or  seaside  resort,  to  provide  for  the  appointing  of  a  milk  inspector  or  of  milk  inspect- 
ors for  their  respective  municipal  corporations,  to  prescribe  their  duties  and  to  fix 
their  salaries,  and  further  to  provide  for  the  licensing  and  regulating  of  all  persons 
engaged,  either  as  principals  or  as  agents,  in  the  sale  of  milk  within  their  respective 
corporate  limits,  and  to  require  as  a  prerequisite  to  engaging  in  such  business  a  yearly 
license  fee  to-be  paid  by  the  person,  firm,  or  corporation  conducting  said  business. 

&2 1.(2)  Character  of  license.  Each  license  shall  allow  the  person,  firm  or  eorp<  ►ra- 
tion licensed,  or  his  or  their  agent  or  agents  named  in  such  license,  to  sell  milk  within 
the  corporate  limits  of  the  municipal  corporation  granting  the  license  from  one  store 
or  stand,  from  one  cart  or  wagon,  or  from  one  pail  or  other  receptacle  carried  in  the 
hand;  provided,  that  nothing  herein  contained  shall  limit  the  number  of  lio 
which  may  be  granted  to  any  j>erson,  firm  or  corporation. 

522.  (3)  Fines  <ii,<i  penalties.  The  aforesaid  municipal  corporations  shall  have 
power  to  fix  and  establish  fines  and  penalties,  not  exceeding  fifty  dollars  for  each 
offense,  for  the  selling  of  milk  without  a  license,  and  for  the  violation  of  any  rule. 
regulation  or  ordinance  established  for  the  regulating  of  the  sale  of  milk  within  their 
respective  corporate  limits;  and  that  such  fines  and  penalties  shall  be  recovered  as 
other  fines  and  penalties  are  or  may  be  recovered  in  the  respective  municipal  cor- 
porations. 

528.  )  list  of  license  fees.  A.t  least  two-thirds  of  the  sum  collected  in  any  munici- 
pal corporation  in  one  year  from  milk  license  tees  shall  in  that  year  be  expended  in 

pa\  i njj  the  salaries  and  expenses  of  a  competent  inspector  or  competent  Inspect 

milk  for  said  municipal  corporation. 

')-\.  (5    !>.,! ,  rds.     It  -hall  be  the  duty  of  each  inspector,  in  addition  to 

the  duties  Imposed  upon  him  by  the  municipal  corporation  appointing  him.  to  keep 
a  complete  record  of  all  his  daily  doings  and  proceedings  as  Inspector,  -jiving  a  full 

account  of  each  inspection  "r  examination  of  milk  made  by  him,  including  the  name 
of  the  person,  firm  or  corporation  owning  or  claiming  to  own  the  milk  inspected,  the 
Dames  of  the  agents   in   Charge,  the   place  and  manner  in  which   the  said   milk  \\a^ 

offered  tor  sale,  together  with  the  results  of  each  test  and  analysis;  that  said  records 

shall  be  the  property  of  the  respective  municipal  corporations  and  shall  at  all  times 
be  subject   to  their  control. 

(2ft,  '..  Complaints  by  inspector.  It  -hall  be  the  duty  of  each  inspector  to  make 
complaint  against  all  persons  discovered  by  him  in  violation  of  any  rule,  regulation 
or  ordinance  which  maj  be  passed  in  conformity  to  the  provisions  ot  this  act. 


386  FOODS  AND  FOOD  CONTROL. 

•V2(>.  (7)  Pavers  of  municipal  inspectors  same  as  thus,  of  state  officers;  application  of 
fines,  etc.  Each  inspector  appointed  by  a  municipal  corporation  shall  have  the  same 
power,  authority,  rights  and  privilege?,  and  shall  perform  the  same  duties  within 
the  corporate  limits  of  the  municipal  corporation  for  which  he  is  appointed  a?  are 
now  or  may  hereafter  be  possessed  and  performed  by  the  state  inspector  of  milk; 
provided,  that  all  penalties  collected  in  any  suit  instituted  by  him  under  the  laws  of 
this  state  governing  and  regulating  the  adulteration  of  milk  and  the  sale  of  milk, 
shall  be  paid  into  the  treasury  of  the  municipal  corporation  for  which  he  acts,  and 
the  expense  of  such  suits  shall  be  borne  by  said  municipal  corporation. 

527.  (8)  Second  conviction.  No  person  twice  convicted  of  knowingly  violating  the 
state  law  governing  the  sale  of  milk  or  the  adulterating  of  milk,  shall,  for  the  space 
of  two  years,  be  allowed  to  conduct  or  be  engaged  in  the  business  of  selling  milk 
within  any  municipal  corporation  in  this  state;  that  his  license,  if  he  have  one,  shall 
be  void,  and  no  new  license  shall  be  granted  to  him  for  the  space  of  two  years. 

•VJs.  (9)  Repeal.  All  other  acts  and  parts  of  acts  authorizing  the  imposition  of  a 
license  fee  upon  any  person  engaged  in  the  milk  business,  and  all  acts  and  parts  of 
acts  inconsistent  with  this  act  be  and  the  same  are  hereby  repealed. 

Approved  March  10,  1882.     General  Statutes  1895,  vol.  2,  pp.  2235-2236. 

65.  (1)  Diluted  or  adulterated  milk  prohibited  in  cities  of  first  class.  No  milk  which 
has  been  watered,  adulterated,  or  changed  in  any  respect  by  the  addition  of  water,  or 
other  substance,  or  by  removal  of  cream,  or  any  part  thereof,  shall  be  kept  or  offered 
for  sale  in  any  city  of  the  first  class  in  this  state. 

<><>.  (2)  Penalties.  Any  person  who  shall  violate  any  of  the  provisions  of  this  act 
shall  be  liable  to  a  penalty  of  fifty  dollars  for  the  first  offense  and  one  hundred  dol- 
lars for  a  second  or  subsequent  offense,  and  that  such  penalties  shall  be  recovered 
upon  like  evidence,  by  like  procedure,  and  in  the  same  method  now  provided  for 
the  collection  of  fines  and  penalties,  under  the  act  entitled  "An  act  to  prevent  the 
adulteration  and  to  regulate  the  sale  of  milk,"  approved  March  fourteenth,  one 
thousand  eight  hundred  and  eighty-two.  " 

Approved  March  23,  1883.     General  Statutes  1895,  vol.  1,  p.  1174. 

4.  (1)  Imitation  butter  or  cheese  must  be  legally  labeled.  No  person  shall  offer  or 
expose  for  sale,  or  sell,  or  have  in  possession  for  the  purposes  of  sale,  any  oleomar- 
garine or  butterine  or  suine,  or  any  substance  in  imitation  or  semblance  of  natural 
butter  or  cheese,  or  any  substance  that  is  rendered,  made,  manufactured  or  com- 
pounded out  of  any  animal  or  vegetable  or  mineral  fat  or  oil,  not  produced  from 
pure  milk  or  cream  from  pure  milk,  unless  contained  in,  or  sold  out  of  or  in  tube, 
pails,  firkins,  vessels  or  other  packages  marked  and  labeled  as  required  by  section 
three  of  this  act. 

.">.  {'!)  Compound  butter  or  cheese  must  b,  legally  labeled.  No  person  shall  offeror 
expose  lor  Bale,  or  sell,  or  have  in  possession  for  the  purposes  of  sale  any  mixture  or 
compound  of  natural  butter  or  cheese  with  oleomargarine,  butterine,  suine,  or  any 

animal  or  vegetable  or  mineral  fat  or  oil,  or  any  suhstance  not  the  product  of  pure 
milk  or  cream  from  pure  milk,  except  such  mixture  or  compound  shall  be  sold  out 
of  or  in  or  contained  in  tubs,  Brains,  pails,  vessels  or  packages  marked  or  Labeled  as 
required  by  section  three  of  this  act. 
6.  (3)   Labels  prescribed.    No  oleomargarine,  butterine  or  suine,  or  any  suhstanceor 

compound  or  mixture  in   imitation  .»r  semhlance  of  natural   butter  or  cheese,  or  any 

Bubstance  that  is  rendered,  made,  manufactured  or  compounded  out  of  animal  or 

ible   or  mineral    fat    or  oil,  not   the   product  of   pure  milk  or  cream   from  pure 


Repealed,  see  p.  879,  General  Food  haw. 


NEW    JERSEY.  387 

milk,  shall  be  sold  or  exposed  or  offered  for  sale,  or  held  in  possession  for  the  pur- 
poses of  sale,  except  when  contained  in  tubs,  pails,  boxes,  firkins,  vessels  or  other 
packages  that  are  marked  or  labeled  as  follows,  to  wit :  every  such  tub,  pail,  box, 
firkin  or  other  vessel  or  package  shall  have  painted  on  the  outside  thereof,  and  mid- 
way between  the  top  and  bottom  thereof,  a  stripe  or  band  at  least  three  inches  wide, 
and  extending  completely  around  said  vessel  or  package,  and  said  stripe  or  band 
shall  be  painted  with  black  paint;  every  such  vessel  or  package  shall  have  legibly 
branded  and  burnt  in,  by  means  of  a  branding  or  burning-iron,  on  the  outside  of 
the  cover  and  on  the  outside  of  said  vessel  or  package,  in  two  places  as  nearly  oppo- 
site each  other  as  possible,  the  words  ''oleomargarine",  •'butterine",  "suine"  or 
'imitation  butter",  or  "imitation  cheese",  as  the  case  may  be,  and  said  name  or 
title  shall  be  composed  of  Roman  letters  at  least  one-half  an  inch  high  and  at  least 
one-quarter  of  an  inch  broad,  and  said  name  or  title  shall  be  at  least  ten  inches  long; 
and  every  such  tub,  pail,  box,  firkin  or  other  vessel  or  package  shall  bear  a  label  or 
shall  have  branded  on  it  a  mark  giving  the  name  and  address  of  the  maker  of  the 
contents  thereof,  and  the  name  and  location  of  the  manufactory. 

7.  (4)  (Amended  by  sec.  24,  post.) 

8.  (5)  ColoriiKj  of  imitation  butter  or  cheese  prohibited.  No  person  shall  offer  or 
expose  for  sale,  or  sell,  or  have  in  possession  for  the  purposes  of  sale,  any  oleomar- 
garine, butterine,  suine,  or  any  substance  in  imitation  of  natural  butter  or  el 

or  any  substance  that  is  rendered,  made,  manufactured  or  compounded  out  of  any 
animal  or  vegetable  or  mineral  fat  or  oil,  not  produced  from  pure  milk  or  cream 
from  pure  milk,  that  is  colored,  stained  or  mixed  with  annotto  or  any  other  color- 
ing matter  or  substance 

0.  (6)  Definitions.  For  the  purpose  of  this  act  the  terms  "natural  butter",  or 
"natural  butter  or  cheese",  shall  be  taken  to  mean  the  product  or  products  usually 
known  by  these  names  and  which  are  made  and  manufactured  exclusively  from 
milk  or  cream,  or  both,  with  salt  or  salt  and  rennet,  and  with  or  without  coloring 
matter  or  sage;  and  the  terms  "oleomargarine",  "butterine",  "suine"  or  "sub- 
Stance  in  imitation  or  semblance  of  natural  butter  or  cheese",  shall  be"  to  mean  any 
Substance  that  is  rendered,  made,  manufactured  or  compounded  out  of  any  animal 
or  vegetable  or  mineral  oil  or  fat,  not  the  product  of  pure  milk  or  the  cream  from 
purr  milk;  also,  any  compound  or  mixture  of  natural  butter  or  cheese,  <>r  milk  or 
cream,  with  any  of  these  substances  QOl  milk  or  cream. 

10.  (7)  Possession  evidenc*  of  intent  to  sett.  The  poesessioD  by  any  person  who  is 
either  manufacturer,  merchant,  broker,  wholesale  or  retail  dealer,  or  a  hotel,  inn,  res- 
taurant, or  boarding-house  keeper,  of  any  oleaginous  substance,  mixture  or  compound 
whatever  as  defined  by  this  act,  no!  natural  butter,  that  is  not  contained  in  a  tub, 
box,  pail  or  vessel,  plainly  marked  and  branded  in  accordance  with  the  provisions 

Of  Section  three  of   this  act,  Bhall  be  prima  facie  evidence  Of   intent  to  sell    the  same. 

11.  (8)  Defacing  of  brands  prohibited.      No  person  Bhall  in  any   way  <»r  manner 
cancel  or  obliterate,  deface  or  cover  over  or  remove  either  the  hand  or  stripe 

of  paint,  or  the  brands  required  by  Bection  three  of  this  ad  to  be  placed  on  the  tub, 
box,  pail  or  vessel  containing  any  oleaginous  substance,  mixture  or  compound,  a- 
defined  by  this  act 

\'2.  '>  Penalty,  Everj  person  who  shall  violate  any  of  the  provisions  of  this  ad 
shall  be  liable  to  a  penalty  of  one  hundred  dollars  for  the  firs!  offense,  and  two  hun- 
dred dollar-  lor  each  second  or  subsequent  often* 

IS.     10    /'  !  itrid  court  In  any  city,  and  every  justice  ^>i  the 

peace  in  any  county,  and  any  recorder  in  an  hereby  empowered  on  oath  or 

affirmation  made  according  to  law  that  any  person  or  persons  ha- or  have  violated 
any  provision  bf  tin- act.  to  issue  process  at  the  soil  of  the  commissioner  hereafter 


i  Statutes. 


388  FOODS    AND    FOOD    CONTROL. 

named  as  plaintiff,  for  the  use  of  the  state  of  New  Jersey,  either  in  the  manner  of  a 
gammons  or  a  warrant  against  the  person  or  persons  so  charged,  which  process  shall, 
when  in  the  nature  of  a  warrant,  be  returnable  forthwith,  and  when  in  the  nature  of 
a  summons  shall  be  returnable  in  not  less  than  one  or  more  than  ten  entire  days; 
such  process  shall  state  what  provision  of  the  law  is  alleged  to  have  been  violated  by 
the  defendant  or  defendants,  and  on  the  return  of  such  process,  or  at  any  time  to 
which  the  trial  shall  have  been  adjourned,  the  said  court,  justice  of  the  peace  or 
recorder  shall  proceed  to  hear  testimony  and  to  determine  and  give  judgment  in  the 
matter,  without  the  filing  of  any  pleadings,  for  the  plaintiff,  for  the  recovery  of  such 
penalty,  with  costs,  or  for  the  defendant;  and  the  said  court,  justice  of  the  peace  or 
recorder  shall,  if  judgment  be  rendered  for  the  plaintiff,  forthwith  issue  execution 
against  the  goods  and  chattels  and  person  of  the  defendant  or  defendants;  and  the 
said  court,  justice  of  the  peace  or  recorder  is  further  empowered  to  cause  any  such 
defendant  who  may  refuse  or  neglect  to  pay  the  amount  of  the  judgment  rendered 
against  him,  and  all  the  costs  and  charges  incident  thereto,  unless  an  appeal  is 
granted,  to  be  committed  to  the  county  jail  for  any  period  not  exceeding  ninety  days. 

14.  (11)  Serving  of  warrants,  etc.  The  officers  to  serve  and  execute  all  process 
under  this  act  shall  be  the  officers  authorized  to  serve  and  execute  process  in  said 
courts,  and  before  such  magistrates  and  officers  as  aforesaid,  including  the  constables 
of  such  counties  and  all  police  officers  of  such  cities. 

15.  (12)  Adjournment  and  baiL  Said  district  court,  justice  of  the  peace  or  recorder 
shall  have  power  to  adjourn  the  hearing  or  trial  in  any  case,  from  time  to  time,  not 
exceeding  thirty  days  from  the  return  of  the  summons  or  warrant,  and  to  bail  the 
person  so  charged  in  such  sum  as  he  shall  deem  proper  for  his  appearance  at  each 
time  and  place  as  said  trial  or  hearing  shall  be  adjourned  to,  and  in  default  of  bail 
to  commit  the  person  so  charged  to  the  common  jail  of  said  county,  to  be  there 
detained  until  the  trial  or  hearing  of  said  charge. 

10.  (13)  Appeal.  Either  the  complainant  or  defendant,  upon  paying  all  costs 
incurred  and  by  filing  with  said  district  court,  justice  or  recorder,  within  ten  days 
after  trial  before  him,  a  written  notice  of  his  or  her  intention  to  appeal  from  the 
decision  of  said  court,  justice  or  recorder,  may  appeal  to  the  next  court  of  general 
quarter  sessions  of  the  peace  of  the  county  in  which  said  complaint  may  have  been 
determined,  and  said  courtof  general  quarter  sessions  shall  proceed  and  try  the  Bame 
and  make  such  adjudications  as  arc  herein  provided  in  case  of  such  trial  befon 
said  district  court,  justice  or  recorder. 

17.  ( 14 )  Disposition  of  fines.  All  penalties  imposed  under  this  act  shall  be.  imme- 
diately on  receipt,  paid  into  the  treasury  of  this  state  by  the  commissioner.* 

Is.  (15)  (Refers  to  appointment  of  dairy  commissioner  whose  office  was  abol- 
tahed  and  his  duties  imposed  on  chief  inspector  by  acts  of  1901,  ch.  86.     See  page 391.  I 

10.  (16)  (Repealed  in  effect  by  acta  of  L901,  ch.  85,  sec  BO.    Bee  page  ••■ 

20.  (17)  Power*  of  inspection  and  sampling.  The  said  commissioner,"  and  assist- 
ants, and  clerk-,  and  audits  a-  shall  be  duly  commissioned  so  to  do  by  the  commis- 
sioner, shall  have  full  and  \u>-  access,  ingress  and  egress  to  all  places  of  business, 
factories,  farms,  buildings,  hotels,  restaurants,  boarding-houses,  carriages,  cars,  \ 

and  can-  used  in  the  manufacture  and  sale  of  any  dairy  products,  or  any  imitation 
thereof;  they  shall  also  hav»-  the  power  to  open  any  package,  can  or  vessel  contain- 
ing Bach  articles  which  may  be  manufactured,  sold  or  exposed  for  sale  in  violation 
of  the  provisions  of  this  act,  if  thej  have  reason  to  believe  it  is  being  violated,  and 

may  in-pert  the  content-  therein,  an. I    may  take  therefrom  samples  for  analysis. 

21.  (18)    Purpose  of  act.     This  act  and  each  section  thereof  is  declared  to  be  enacted 

to  prevent  deception  in  | he  sale  < if  oleomargarine,  butterine  or  any  imitation  of  any 

dairy  product,  and  t<.  preserve  the  public  health. 


S Power  now   conferred  upon  chief  inspector.      See  sec.  21,  p.  891. 


NEW   JERSEY.  389 

22.  (19)  Repeal.  An  act  entitled  "An  act  for  the  protection  of  dairymen,  and  to 
prevent  deception  in  sales  of  butter,"  approved  February  twenty-first,  one  thou- 
sand eight  hundred  and  eighty-four,  and  an  act  entitled  "An  act  to  prohibit  the 
manufacture  and  sale  of  impure  and  imitation  dairy  products,"  approved  May  fifth, 
one  thousand  eight  hundred  and  eighty  four,  and  all  acts  and  parts  of  acts  incon- 
sistent or  in  conflict  with  this  act  be  and  the  same  are  hereby  repealed. — Sees.  1-22, 
Approved  March  22,  1886. 

23/'  (1)  Coloring  of  imitation  butter  not  permitted.  Nothing  in  said  act  shall  be  so 
construed  as  to  permit  the  sale  or  the  offering  Or  exposing  for  sale,  or  the  having  in 
-sion  for  the  purposes  of  sale,  of  any  oleomargarine  or  butterine,  or  any  sub- 
stance in  imitation  of  natural  butter,  that  is  colored,  stained  or  mixed  with  annotto 
or  any  other  coloring  matter  or  substance. 

24.  (2)  Notification  |  i  <  rbal  and  by  card)  to  buyer  of  imitation  butter  or  cheese.  Section 
four  of  said  act  be  and  the  same  is  hereby  amended  so  as  to  read  as  follows: 

(That  no  person  shall  sell  any  oleomargarine,  butterine,  suine  or  any  substance  in 
imitation  or  semblance  of  natural  butter  or  cheese,  or  any  substance  that  is  rendered, 
made,  manufactured  or  compounded  out  of  any  animal  or  vegetable  or  mineral  fat 
or  oil,  not  produced  from  pure  milk  or  the  cream  from  pure  milk,  at  retail  or  in 
quantities  less  than  the  original  tub,  firkin  or  other  package,  unless  he  shall  first 
inform  the  purchaser  that  the  substance  is  not  natural  butter  or  cheese,  but  is  imita- 
tion butter  or  cheese,  and  at  the  time  of  sale  and  with  each  Bale,  he  -hall  give  to  the 
purchaser  a  card  or  notice  printed  on  which  shall  be  the  name  of  the  substance  sold 
and  the  name  and  address  of  the  seller  or  vendor,  and  nothing  else  shall  be  printed 
thereon  unless  it  be  the  weight  of  the  parcel;  and  .-aid  notice  or  card  shall  be  at  leasl 
six  inches  long  and  at  least  four  inches  wide,  ami  the  printing  thereon  shall  be  in 
letters  at  least  of  the  size  known  as  two-line  English,  and  said  notice  or  card  shall  be 
printed  in  black  and  in  the  English  language,  upon  white  paper,  plainly  and  legibly, 
and  shall  be  either  upon  the  outside  of  the  outer  wrapper  in  which  the  substance  is 
delivered  to  the  purchaser  or  upon  a  separate  card  or  paper  attached  thereto;  in  either 
case  the  notice  shall  be  so  placed  that  no  part  thereof  shall  be  concealed  from  view. 

25.  (3)  Powers  of  State  dairy  commissioner.  The  state  dairy  commissioner  &  is 
hereby  directed  and  empowered  to  aid  in  the  enforcement  of  the  provisions  of  an  act 
entitled  "An  act  to  prevent  the  adulteration  of  food  or  drugs,"  approved  March 
twenty-fifth,  one  thousand  eight  hundred  and  eighty-one,  and  said  commissioner  <> 
and  bis  assistants  ami  agents  are  hereby  clothed  with  the  same  powers  as  are  con- 
ferred on  inspectors  or  Officers  by  the  provisions  of  -aid  act,  ami  the  expenseeof  such 
enforcement  shall  be  paid  out  of  the  appropriation  made  for  the  purposes  of  the  act 
to  which  this  is  a  supplement. 

86,  (4)  Appointment  of  chemists.    The  state  dairy  commissioner"  may  appoint  the 

chemist  or  chemists,  analyst  or  analyst-  required  by  the  provisions  of  this  act  or  the 

act  to  which  this  is  a  supplement,  and  fix  the  compensation  to  be  paid  Buch  chemists 
or  analysts. 
27.  (5)    Form  of  conviction.  Trie  conviction  in  prosecutions  under  the  act  to  which 

this  is  a  supplement  -hall  be  in  the  following  or  similar  form: 

state  of  New  Jersey,  count]  of  A 

Be  it  remembered  that  on  this  —        da)  of  -,  at  ,  in  said  county, 

C.  I  •..  defendant,  was,  by  the  district  court  of  the  city  of  J.  (or  by  the  recorder,  or 
as  the  convicted  of  violating  the  section  of  "An  act  to  prevent  decep- 

tion in  the  sale  .if  oleomargarine,  butterine  or  anj  imitation  of  dairy  products 
to  preserve  the  public  health."  approved  March  twenty*eecond,  one  thousand  eight 
hundred  and  eighty-six,  in  a  summary  proceeding  at  the  suit  oi   \    B  .  stati   dair] 
eommi  who  sues  for  the  use  and  benefit  of  the  state  of  New  Jersey,  plaintiff, 


I  form  a  supplement  to  th  March  22, 188  I  22  preceding. 

''Power  now  conferred  on  chief  in-pectoi 


390  FOODS    AND    FOOD    CONTROL. 

upoD  a  complaint  made  by  E.  F. ;  and,  further,  that  the  witnesses  in  said  proceeding 
who  testified  for  the  plaintiff  were  (name  them),  and  the  witnesses  who  testified  for 
the  defendant  were  (name  them);  wTherefore  the  said  court  (or  recorder,  or  as  the 
case  is)  doth  hereby  give  judgment  that  the  plaintiff  recover  of  the  defendant  one 
hundred  dollars  penalty,  and dollars  costs  of  this  proceeding; 

The  said  conviction  shall  be  signed  by  the  judge  of  the  district  court,  recorder  or 
other  magistrate  before  whom  the  conviction  is  had;  in  case  of  the  infliction  of  a 
penalty  of  two  hundred  dollars  the  conviction  shall  contain  a  statement  that  it 
appeared  that  the  defendant  had  been  previously  convicted  of  violating  the  said  act; 
when  an  appeal  is  taken  there  shall  be  sent  to  the  appellate  court  a  copy  of  the  com- 
plaint, summons,  conviction  or  judgment  and  notice  of  appeal;  the  costs  in  prosecu- 
tions under  the  act  to  which  this  is  a  supplement  shall  be  the  same  as  costs  in  the 
district  courts  in  actions  on  contract. 

28.  (6)  Effect.  This  act  shall  take  effect  on  May  first,  one  thousand  eight  hun- 
dred and  eighty-seven. — Sees.  23-28,  approved  April  21,  1887. 

2J).  (1)  Artificial  color  in  imitation  butter  forbidden.  No  person,  by  himself  or  his 
agents  or  servants,  nor  as  an  agent  or  servant,  shall  render  or  manufacture,  sell, 
offer  for  sale,  expose  for  sale  or  have  in  his  possession  with  intent  to  sell,  any  article, 
product  or  compound  made  wholly  or  partly  out  of  any  fat,  oil  or  oleaginous  sub- 
stance or  compound  thereof,  not  produced  from  unadulterated  milk  or  cream  from 
the  same,  which  shall  be  artificially  colored  in  imitation  or  semblance  of  yellow 
butter  produced  from  pure  unadulterated  milk  or  cream  of  the  same;  provided,  that 
nothing  in  this  act  shall  be  construed  to  prohibit  the  manufacture  or  sale  of  oleo- 
margarine in  the  manner  regulated  by  the  act  to  which  this  is  a  supplement,  and  in 
such  manner  as  will  advise  the  consumer  of  its  real  character,  free  from  artificial 
color  that  cause  a  it  to  look  like  butter. 

30.  (2)  Penalty.  Any  person  or  persons  who  shall  sell  any  article  mentioned  in 
the  preceding  section  of  this  act  representing  the  same  as  butter  made  from  unadul- 
terated milk  or  cream  or  any  product  other  than  it  really  is  except  in  the  manner 
provided  in  existing  laws,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  be  punished  by  imprisonment  not  exceeding  six  months  or  a  penalty  of  two 
hundred  dollars  in  the  discretion  of  the  committing  magistrate  or  court. — Sees.  29-30, 
approved  March  .'■'>.  1895. 

General  Statutes  L896,  vol.  1,  pp.  1164-1169. 

(J7.  (1)  Milk  contaminated  by  communicable  disease.  When  the  state  board  of 
health,  or  any  officer  thereof,  duly  authorized  in  writing  by  such  board  to  act  for  or 
on  behalf  oi  said  board,  shall  have  reason  to  believe  that  any  milk  has  been  con- 
taminated by  the  emanations,  exhalations  or  discharges  of  any  person  sick  with 
communicable  disease,  it  shall  be  lawful  for  the  said  state  hoard  of  health,  or  the 
officers  bo  authorized  to  act  in  the  premises,  to  prohibit  the  transportation  or  sale  of 
any  milk  Buspected  to  be  contaminated  as  aforesaid,  and  also  to  prohibit  the  trans- 
portation or  Bale  of  any  milk  which  may  be  produced,  Btored,  or  kept  or  found  upon 
any  premises  infected  by  Buch  disease;  such  prohibition  shall  continue  until  the 
state  board  of  health,  or  the  officer  authorized  to  act  in  the  premises  as  aforesaid, 
shall  in  writing  remove  such  prohibition. 

<»s.  (2)  Penalty.  That  any  person  or  persons  who  shall  transport  or  sell  any  milk. 
the  sale  anri  transportation  of  which  has  been  prohibited,  pursuant  to  the  provisions 

of  the  first    section   of  this  act,   shall    be    liable   to  a    penalty  of   fifty  dollars,  to  be 

recovered  by  the  state  board  of  health  in  an  action  upon  contract  for  the  uses  of  the 

state  of  N'-w   Jersey    ill  any  court  of  record  within  said  .-talc 

Approved  March  28,  L895.    General  Statutes  1896,  vol.  2,  p.  1647. 

Bo   n  St   '    • 


NEW    JERSEY.  391 

7.  Care  of  cows.  No  person  shall  keep  cows  for  the  production  of  milk  in  a 
crowded  or  unhealthy  place  or  condition,  or  feed  any  cow  kept  for  the  production  of 
milk  on  swill,  or  on  any  substance  in  a  state  of  putrefaction  or  rottenness,  or  on  any 
substance  of  an  unwholesome  nature,  or  on  any  food  or  substance  that  may  produce 
diseased  or  unwholesome  milk;  and  no  person  shall  distribute  or  sell,  or  offer  to  dis- 
tribute or  sell,  or  have  in  his  possession  with  intent  to  distribute  or  sell,  any  milk 
which  is  the  product  of  cows  so  kept  or  fed. 

Sec.  8.  Contaminated  milk.  No  person  having  the  possession  or  care  of  any  milk 
shall  permit  it  to  be  exposed  to,  or  contaminated  by,  the  emanations,  discharges  or 
exhalations  from  any  person  or  persons  sick  with  any  contagious  disease;  and  no 
person  shall  distribute  or  sell,  or  offer  to  distribute  or  sell,  or  have  in  his  possession 
with  intent  to  distribute  or  sell,  any  milk  which  has  been  so  exposed  or  contaminated. 

Sec.  9.  Skimmed  milk.  No  person  shall  sell,  or  offer  or  expose  for  sale,  or  have  in  his 
sion  for  the  purpose  of  sale,  any  milk  from  which  the  cream  or  any  part  tl 
has  been  removed,  unless  every  can,  vessel  or  package  containing  such  milk  shall 
have  a  metal  label  or  tag  of  metal  distinctly,  durably  and  permanently  soldered  in  a 
conspicuous  place  upon  the  outside  and  not  more  than  six  inches  from  the  top 
thereof,  with  the  words  "skimmed  milk"  stamped,  indented  or  engraved  on  the 
label  or  tag  in  letters  not  less  than  two  inches  in  height,  and  the  several  li' 
which  shall  he  not  less  than  three-eighths  of  an  inch  in  width;  provided,  however,  that 
every  glass  bottle,  in  lieu  of  such  label  or  tag,  may  have  blown  in  it  the  words 
"  skimmed  milk"  in  letters  which  shall  not  be  less  than  one  inch  in  height,  and  the 
several  lines  of  which  shall  be  not  less  than  one-eighth  of  an  inch  in  width;  such 
milk  shall  only  be  sold  or  shipped  in  or  retailed  out  of  a  can,  bottle,  vessel  or  pack- 
age so  marked. 

Sbc.  10.  Butter  and  cheese.  No  person  shall  sell,  supply  or  bring  to  be  manufactured 
to  any  person  or  party  operating  any  cheese  or  butter  manufactory  in  this  state  any 
milk  which,  under  any  of  the  provisions  of  this  act,  is  or  shall  he  deemed  to  be 
impure,  or  from  which  the  cream  or  any  part  thereof  has  been  removed,  or  the  sale 
of  which  by  any  of  the  provisions  of  this  act  is  prohibited. 

21.  Dairy  commissioner  abolished.  The  office  of  Btate  dairy  commissioner  is 
hereby  abolished,  and  all  duties  now  imposed  upon  the  state  dairy  commissioner  by 
an  act  of  the  legislature  nut  repealed  by  this  act,  shall  hereafter  be  performed  by 

the  chief  inspector  appointed  under  the  authority  of  this  act,  and   under  the  direc- 
tion of  the  Btate  hoard  of  health. 

Approved  March  21,  1901.     Acts  of  L901,  eh.  86,  p.  L86. 

Sbc.  1.  Unwholesome  water  for  cows  or  for  washing  utensils.  No  persoo  shall  know- 
ingly distribute  or  sell,  or  offer  to  distribute  or  Bell,  or  have  in  his  possession  with 
intent  to  distribute  or  sell,  any  milk  which  has  been  produced  by  cow-  that  bave  not 
been  daily  supplied  with  pure  and  wholesome  water;  and  no  person  shall  wash  or 
attempt  to  cleanse  any  can  or  utensil  used  for  handling  or  transporting  milk,  in  water 
which  he  shall  have  reason  to  believe  is  polluted,  contaminated  <>r  impure. 

8»  .  'J.   J'i  Willi/.     Every  person  who  shall  violate  any  of  the  provisions  of  the  first 
Bection  of  this  act  -hull  he  liable  to  a  penalty  of  fifty  dollars,  w  Inch  shall 
attic  in  the  same  manner  and  in  am  conn  or  before  any  magistrate  that  any  penalty 
i-  ivco\  erable  under  the  provisions  of  the  act  t<»  which  this  act  is  a  supplement 
;.   Dale  of  taking  effect    This  act  shall  take  effect  immediately. 

Approved   Ipril  7,  1903.     Laws  of  1903,  ch,  L26,  p.  210. 

M'  !  '  of  milch  cows.  Whenever  anj  person  shall  keep  cows  for  the  produc- 
tion of  milk  in  a  crowded  or  unhealthy  place  or  con, lit  ion,  or  feed  an\  rm\<  kept  for 

the  production  of  milk  on  swill  or  any  Bubstauce  in  a  state  of  putrefaction  or  rotten- 
ne--,  or  on  any  Bubetance  of  an  unwholesome  nature,  or  on  am  substance  that  may 


392  FOODS  AND  FOOD  CONTROL. 

produce  disease  or  unwholesome  milk;  or  who  shall  sell  or  distribute,  or  offer  to  sell 
or  distribute,  or  have  in  possession  with  intent  to  sell  or  distribute  any  milk  which 
is  the  produce  of  cows  so  kept  or  fed,  then  it  shall  be  lawful  for  the  state  board  of 
health  to  file  a  bill  in  the  court  of  chancery  in  the  name  of  the  state,  on  the  relation 
of  such  board,  for  an  injunction  to  prohibit  the  keeping  of  cows  for  the  production 
of  milk  in  such  crowded  or  unhealthy  place  or  condition,  or  the  feeding  of  cows  on 
swill  or  any  substance  in  a  state  of  putrefaction  or  rottenness,  or  any  substance  of  an 
unwholesome  nature,  or  on  any  food  or  substance  that  may  produce  disease  or 
unwholesome  milk,  or  the  continuance  of  the  sale,  distribution  or  transportation  of 
such  milk  as  the  case  may  be,  and  for  such  other  or  further  relief  in  the  premises  as 
the  court  of  chancery  shall  deem  proper. 

Approved  March  28,  1904.     Laws  of  1904,  ch.  99,  p.  224. 

Sec.  1.  Cleansing  of  milk  cans.  It  shall  be  the  duty  of  any  person,  persons  or  cor- 
poration to  whom  milk  is  shipped  by  any  person  in  this  state,  before  returning  to 
such  shipper  the  can  or  vessel  used  for  transporting  such  milk,  to  remove  all  milk 
from  such  can  or  vessel  and  to  thoroughly  rinse  such  can  or  vessel  with  pure  water  or 
to  cause  the  same  to  be  done;  and  it  shall  be  the  duty  of  any  person,  persons  or  cor- 
poration shipping  milk  to  any  point  or  points  within  or  without  this  state  to  thor- 
oughly cleanse,  or  cause  to  be  cleansed,  the  can  or  vessel  used  for  transporting  such 
milk  before  the  milk  is  placed  therein. 

Sec.  2.  Penalty.  Whenever  any  person,  persons  or  corporation  shall  violate  any 
of  the  provisions  of  the  first  section  of  this  act,  such  person,  persons  or  corporation 
shall  be  liable  to  a  penalty  of  twenty-five  dollars,  which  shall  be  recovered  in  the 
same  manner  and  in  any  court  or  before  any  magistrate  that  any  penalty  is  recover- 
able under  the  provisions  of  the  act  to  which  this  is  a  supplement. 

Acts  of  1901,  ch.  85,  p.  186,  as  supplemented  March  30,  1904,  Laws  of  1904,  ch.  204, 
p.  365. 

FLOUR  AND  MEAL. 

1.  City  and  county  inspectors.  The  person  administering  the  government  of  this 
state  shall  from  time  to  time  appoint  one  or  more  inspectors  of  Hour  and  meal  In 
each  of  the  cities  of  Perth  Amboy,  Burlington,  New  Brunswick  and  Trenton,  and  as 
many  inspectors  of  flour  and  meal  in  each  county  in  this  state,  as  shall  appear  nec- 
essary, who  shall  hold  their  respective  offices  during  the  pleasure  of  the  person 
administering  the  government  aforesaid. 

2.  Inspector's  oath.  The  inspectors  to  be  appointed  in  pursuance  of  this  act,  before 
they  enter  upon  the  duties  of  their  respective  offices,  shall  take  the  following  oath 
or  affirmation,  before  one  of  the  judges  of  the  court  of  common  pleas,  via. :  I,  A.  B., 
do  swear !  or  affirm,  as  the  case  may  be  I  thai  1  will  faithfully,  truly  and  impartially, 
according  to  the  best  of  my  Judgment,  skill  and  understanding,  execute,  do  and  per- 
form the  office  and  duty  of  inspector  and  examiner  of  floor  and  meal,  according  to 
law. 

.'{.  Flour  for  <  tpori  must  be  inspected  and  branded.  No  wheat  flour,  rye  flour,  Indian 
meal  or  buckwheat  meal,  Bhall  be  shipped  for  exportation  out  of  this  state  to  a  foreign 
market,  before  the  same  shall  have  been  submitted  to  the  view  and  examination, 
and  approved  of  and  branded  by  one  of  the  inspectors  aforesaid;  and  it  shall  cot  be 

lawful  for  such  inspector  to  brand  any  cask  containing  Indian  meal,  unless  the  same 

shal]  have  been  made  of  corn  properly  kiln-dried,  and  shall  be  ground  fine  and 
bolted. 

I.  Construction  and  sin  of  oaths;  manufacturers' brands  as  to  quality ,  weight,  etc.     All 

wheat  Hour,  r\e  floor,  Indian  meal  or  buckwheat  meal,  manufactured  for  exporta- 
tion as  aforesaid,  shall  be  packed  in  good  and  strong  casks,  made  of  seasoned  oak  or 


NKW    JERSEY.  393 

other  suitable  timber,  each  ca<k  whereof  shall  be  hooped  with  at  least  ten  1. 
three  of  which  hoope  shall  be  on  each  chime,  and  properly  nailed,  which  said  cask- 
shall  be  but  of  two  sizes,  one  size  whereof  shall  contain  one  hundred  and  ninety-six 
pounds  of  flour  or  meal,  with  staves  of  twenty  inches  long,  and  each  head  sixteen 
inches  and  one-half  diameter,  the  other  size  whereof  shall  contain  ninety-eight 
pounds  of  flour  or  meal,  the  staves  whereof  may  be  twenty-two  inches  long,  and 
each  head  fourteen  inches  diameter,  or  the  staves  may  be  twenty-seven  inches  long, 
and  each  head  not  to  exceed  twelve  inches  diameter,  both  which  sizes  of  casks  shall 
be  made  nearly  straight,  for  the  convenience  of  stowage,  and  the  tare  of  said  casks, 
respectively,  shall  be  marked  on  one  head  with  a  marking-iron;  providi  d\  ru  vert) 
that  nothing  in  this  act  shall  be  construed  to  prevent  the  packing  of  Indian  meal  in 
hogsheads,  for  exportation,  which  shall  contain  eight  hundred  pounds,  and  be  duly 
inspected  and  branded;  and  each  cask  of  flour  and  meal,  packed  as  aforesaid,  shall 
be  branded  with  the  initials  of  the  Christian  name  and  surname  of  the  manufacturer 
thereof,  at  full  length,  together  with  the  net  weight  of  the  flour  or  meal  which  shall 
be  contained  in  each  cask,  except  hogsheads  of  Indian  meal,  on  which  the  net 
weight  only  shall  be  branded;  and  on  each  cask  of  wheat  flour  intended  for  the  first 
quality,  shall  be  branded  the  word  "superfine,"  and  on  each  cask  intended  for  sec- 
ond quality,  shall  be  branded  the  word  "fine,"  and  on  each  cask  intended  for  the 
third  quality,  shall  be  branded  the  words  "fine  middlings,"  and  on  each  cask 
intended  for  the  fourth  quality,  shall  be  branded  the  word  "middlings,"  and  od 
each  cask  of  rye  flour  intended  for  the  first  quality,  shall  be  branded  the  words 
"superfine  rye  flour,"  and  on  each  cask  intended  for  the  second  quality,  shall 
be  branded  the  words  "fine  rye  flour,"  and  on  each  cask  of  Indian  meal  shall 
be  branded  the  words  "  Indian  meal,"  and  on  each  cask  of  buckwheat  meal  shall  be 
branded  the  word  and  letter  "  B.  meal,"  before  either,  respectively,  shall  be  offered 
for  inspection;  and  the  manufacturer  or  owner  of  any  flour  or  meal  put  up  in  a  cask 
or  casks,  shall  be  and  hereby  is  made  subject  to  a  penalty  of  fifty  cents  forevery 
pound,  each,  BUCh  cask  18  tared  [ess  than  the  true  weight  thereof;  and  any  inspector 
of  flour  or  meal  having  reason  to  suspect  such  cask  or  casks  to  be  falsely  tared,  may 
ascertain  the  same,  by  a  suitable  examination  thereof. 

.">.  Inspectors'  brands;  fees  and  penalties.     It  shall  be  the  duty  of  the  said  inspectors, 
upon  application  to  them  made,  to  examine  and  determine  the  quality  of  such  flour 

and  meal,  and  on  each  cask  made  and  branded,  and  the  flour  or  meal  packed  therein 

ably  to  this  act,  he  shall  then,  and  not  otherwise,  brand  the  initial  tetter  of  his 

Christian  name,  and  his  surname  at  full   length,  together  with  the  name  of  the  city, 

town  or  county  where  the  same  is  inspected,  on  the  quarter,  in  a  distinguishable 
manner;  and  in  all  cases  where  the  brands  describing  the  quality  of  flour  or  meal 
shall  not  in  his  judgmenl  be  branded  according  to  its  respective  kinds  and  qualities, 
he  shall  alter  the  sunc  bo  as  to  describe  the  real  quality,  according  to  the  true  intent 
and  meaning  ol  this  act;  that  it  .-hall  be  the  duty  of  the  inspector  from  time  to  time 
to  weigh  such  casks  of  Hour  and  meal  as  he  or  they  shall  susped  of  being  too  Light, 

and  if  found  not  to  contain  the  just  and  true  weight,  to  mark  or  brand  the  same  on 
the  head  w  ith   the  word  "light,"  and  for  each  cask  w  Inch   he  or  they  shall  so  mark 

or  brand  with  the  word  "light,"  such  inspector  shall  be  entitled  to  receive  from  the 
owner  or  Bhipper  of  such  Hour  or  meal,  for  his  trouh  •  ghing  the  same,  that 

is  to  say,  for  every  barrel  or  half  barrel,  the  sum  of  twenty  cent-,  and  for  each 
head  forty-five  cent-;  and  every  cask  of  Sour  or  meal  which  shall  not  contain  the 
full  weight  branded  thereon,  the  manufacturer  thereof  shall  forfeit  and  paj  for  i 
pound  v    i'_rht  of  Bour  or  meal  so  deficient,  the  Bum  of  twenty  cents,  and  on  all  flour 
or  meal  injured  in  manufacturing,  or  otherwise  dai  t  to  be  tit  for 

exportation  under  any  denomination,  in  the  judgment  of  the  said  inspector,  be  shall 
mark  or  brand  on  the  same  the  word  'bad,"  which  flour  or  meal,  so  marked  or 
branded  "light"  or  "had."  shall  not  be  shipped  out  of  this  state  to  any  f< 


394  FOODS    AND    FOOD    CONTROL. 

market,  under  the  penalty  of  five  dollars  for  every  cask  so  marked  or  branded,  to  be 
recovered  in  any  court  having  cognizance  thereof,  by  action  of  debt,  by  any  person 
who  shall  prosecute  for  the  same;  and  for  the  trouble  aforesaid  the  said  inspectors 
shall  be  entitled  to  receive  two  cents  for  each  and  every  cask  of  flour  or  meal,  and 
four  cents  for  each  and  every  hogshead  of  Indian  meal,  he  shall  so  inspect  or  examine, 
to  be  paid  him  by  the  owner  or  possessor  of  such  flour  or  meal,  who  shall  charge  the 
buyer  or  purchaser  of  such  flour  or  meal  with  one-half  of  the  amount  of  such  inspec- 
tion over  and  above  the  price  of  such  flour  or  meal. 

(>.  Penalty  for  failure  to  submit  to  inspection  before  purchasing  for  exportation.  All  flour 
or  meal  purchased  for  exportation  shall  be  inspected  as  aforesaid,  at  the  time  and  place 
of  such  exportation,  and  if  any  purchaser  of  flour  or  meal  for  exportation  shall  not 
have  the  same  inspected  as  aforesaid,  at  the  time  and  place  of  such  exportation,  such 
purchaser  or  exporter  shall  forfeit  and  pay  for  every  cask  of  flour  or  meal,  five  dol- 
lars, although  the  said  flour  or  meal  may  have  been  inspected  and  branded  any  time 
previous  to  such  purchase. 

7.  Penalty  for  loading  on  vessel  for  export  any  flour  unbranded  by  inspector.  If  any 
person  shall  lade,  or  attempt  to  lade,  on  board  any  vessel,  with  intent  to  ship  or 
export  the  same  direct  out  of  this  state  to  any  foreign  market,  any  flour  or  meal, 
not  branded  as  aforesaid,  by  one  of  the  inspectors,  for  good  and  merchantable  flour 
or  meal,  such  person  shall  forfeit  the  same;  and  if  any  person  shall  have  exported 
any  flour  or  meal  out  of  this  state  to  a  foreign  market,  not  branded  by  one  of  the 
inspectors  for  good  and  merchantable  flour  or  meal,  such  person  shall  forfeit  and  pay 
the  sum  of  five  dollars  for  every  cask  of  flour  or  meal  so  exported. 

8.  Inspection  of  vessels;  fine  for  hindering  inspector.  It  shall  and  may  be  lawful  for 
any  inspector  of  flour  or  meal  to  enter  on  board  of  any  vessel,  between  sunrise  and 
sunset,  to  search  for  flour  or  meal  that  he  may  have  reason  to  suspect  has  been 
shipped  contrary  to  the  true  intent  and  meaning  of  this  act;  and  if  any  person  shall 
hinder  or  interrupt  any  such  inspector  in  so  entering  on  board  and  searching,  every 
such  person  shall  forfeit  and  pay  one  hundred  dollars,  to  be  recovered  in  any  court 
having  cognizance  thereof,  one-half  thereof  to  the  use  of  the  overseers  of  the  poor 
in  the  city  or  town  where  the  offense  may  happen,  and  the  other  half  to  the  person 
prosecuting  for  the  same. 

J).  Penalties.  No  inspector  of  flour  or  meal  shall  purchase  any  flour  or  meal  other 
than  lor  his  own  private  use,  under  the  penalty  of  live  hundred  dollars;  and  if  any 
person  shall  alter  or  counterfeit  any  of  the  aforesaid  brand  marks,  whether  state  or 
private,  such  person  shall  forfeit  for  every  such  offense  the  sum  of  one  hundred 
dollars;  and  that  if  any  person  shall  put  any  flour  or  meal  into  any  empty  casks  for 
sale,  which  have  been  branded  by  the  inspector  before  such  casks  were  emptied, 
without  first  cutting  out  the  said  brands,  such  person  shall  for  every  cask  bo  repacked 
forfeit  and  pay  the  sum  of  live  dollars;  and  that  every  person  offering  for  sale  any 
Hour  for  wheat  flour,  which  shall  be  found  upon  examination  to  he  or  contain  a 
mixture  of  Indian  meal  or  any  Other  mixture,  such  person  shall  forfeit  and  pay  for 
every  such  cask  so  mixed  the  sum  of  live  dollars,  and  the  Hour  shall  be  liable  for  the 

payment  thereof. 

10.  Recovery  of  penalties;  disposition  of  same.  All  such  lines,  penalties,  and  forfei- 
tures aforesaid,  not  herein  otherwise  directed  to  he  collected,  shall  be  recoverable 
before  any  justice  of  the  peace,  or  in  any  couxi  of  record  in  this  state  having  cogni- 
zance thereof,  by  any  person  who  will  prosecute  for  the  same,  one-half  to  the 
prosecutor,  and  the  other  half  to  he  paid  t<»  the  overseen  of  the  | r  of  the  city  or 

town  where  the  fraud  i-  detected;  and  for  the  more  certain  and  easy  recovery  of  the 
penalties  for  the  false  tare  or  brand  mark  upon  any  cask  of  Hour  or  meal,  it  shall  be 
lawful  for  the  inspectors  thereof  to  seize  and  sell  the  same,  and  out  of  the  net  pro- 
ceeds retain  such  penalty  or  penalties,  one-hall  for  hi-  own  use,  and  the  other  half 

to  th-  be  poor  in  the  city  Or  tow  0  w  here  the  same  may  he  recovered,  to 


NEW    JERSEY.  395 

the  use  of  the  poor  thereof,  and  pay  the  remainder  to  the  owner  or  consignee  of  such 
flour  or  meal. 

Approved  February  18,  1813.     General  Statutes  1895,  vol.  2,  pp.  1737-1739. 

HONEY. 

Whereas,  The  production  of  honey  is  an  honest  and  honorable  industry  of  respect- 
able and  fast-growing  importance  in  this  state,  the  entire  proceeds  of  which  is  clear 
gain  to  the  state;  and  whereas,  adulterations  with  inferior  sweets,  not  gathered  by 
bees,  are  manufactured  and  sold  under  the  name  of  honey,  to  the  great  injury  of 
the  industry  and  to  the  deception  of  the  consumer,  if  not  to  the  injury  of  his  health; 
therefore, 

1.  Mi>ed  or  adulterated  honey  must  be  so  labeled.  Every  person  or  persons  who 
shall  manufacture,  sell  or  cause  to  be  sold  any  article  or  substance  having  the  sem- 
blance of  honey,  and  yet  not  the  real  product  of  the  hive,  whether  in  shape  of  liquid 
or  comb  honey,  shall  to  each  package  or  vessel  of  such  manufactured  article  or  sub- 
stance, affix  on  the  outside  of  the  package,  in  a  conspicuous  place,  a  distinct  printed 
or  written  label  or  brand  stating  that  it  is  a  mixture,  and  naming  the  constituent 
elements  used,  whether  glucose,  grape  sugar  or  other  adulterant;  and  every  sale  of 
such  article  or  substance  not  so  branded,  marked  or  labeled  is  declared  to  be  unlaw- 
ful, and  no  action  shall  be  maintained  in  any  of  the  courts  of  this  state  to  recover 
upon  any  contract  for  the  sale  of  any  such  article  or  substance  not  so  branded, 
marked  or  labeled. 

2.  (Amended  by  sec.  4  post.) 

:{.  Soli .  <  rndt  run  of  knowl  </</>  <>/  characU  r  of  art  id, .  Every  person  who  shall  know- 
ingly sell,  or  offer  or  expose  for  sale,  or  who  shall  cause  or  procure  to  be  sold.  <>r 
offered  or  exposed  for  sale,  any  article  or  substance  required  by  the  first  section  of 
this  act  to  be  branded,  marked  or  labeled,  not  so  branded,  marked  or  labeled,  shall 
be  guilty  of  a  misdemeanor,  and  on  trial  for  such  misdemeanor,  proof  of  the  sale,  or 
offer  or  exposure  alleged,  shall  be  presumptive  evidence  of  knowledge  of  the  char- 
acter of  the  article  so  sold  or  offered,  and  that  the  same  was  not  branded,  marked  or 
labeled  as  required  by  this  net— Approved  March  /;,  :- 

4.  (1)  Penalty.  Section  two  of  the  act  entitled  "An  acl  to  protect  the  honey 
industry,"  approved  March  fourteenth,  one  thousand  eight  hundred  and  seventy- 
nine,  shall  be  amended  so  as  to  read: 

(That  everj  person  who  .-hall  knowingly  sell,  or  offer  to  Bell,  or  have  in  his  or  her 

possession,  with  intent  lo  sell,  contrary  to  the  provisions  of  this  act.  any  of  the  -aid 
article  or  SUD8tance  required  by  the  first  Bectiou  of  this  act  to  be  branded,  marked  or 
labeled  as  therein  stated,  not  so  branded,  marked  or  labeled,  shall  for  each  such 
Offense  forfeit  and  pay  a  penalty  of  thirty  dollar-  upon  the  first  suit,  ami  fifty  dollars 

upon  the  second  and  each  subsequent  suit,  for  such  offense,  t.'  be  recovered  with 

BOStfl  in  any  of  tie-  courts  of  this  state,  in  an  action  of  debt,  to  be  prosecuted  in  the 

name  of  the  -tat--  of  New  Jersey,  one-half  of  such  penalty  to  be  paid  to  the  informer 

and  the  residue  -hall  be  paid  to  the  collector  of  the  county  in  w hich  such  suit  shall 
be  brought,  for- the  support  of  the  poor  of  the  county. )-  Approved  March 

General  statute-  L896,  vol.  2,  p.  Li 

Ml. AT. 

11.  (1)  Appointment  of  beef  and  pork  ■•  rhe  govt  rnor,  or  person  adminis- 

tering the  government  of  this  state,  for  the  time  being,  on  the  application  and 
recommendation  of  the  common  council  of  any  city  or  town  corporate,  or  the  com- 
mittee of  any  township  wit  bin  tin-  -tat  e.  -hall  appoint  and  commission  one  or  tin-re 

Inspectors  and  repackers  ol  beef  and  pork  (who shall  not  be  dealer-  in  th. 

articles),  in  such  partfl  Ol  the  state  a.-  ma\   be  deemed  i  iml  expedient. 


396  FOODS    AND    FOOD    CONTROL. 

12.  (2)  Inspector's  oath.  Each  and  every  inspector  and  repackerof  beef  and  pork, 
appointed  and  commissioned  as  aforesaid,  shall,  before  he  enters  upon  the  execution 
of  the  said  office,  take  and  subscribe  the  following  oath  or  affirmation  before  one  of 
the  justices  of  the  supreme  court  of  this  state,  or  before  one  of  the  judges  of  the  court 
of  common  pleas  in  and  for  the  county  in  which  the  duties  of  such  office  are  to  be 
exercised,  viz.:  I,  A.  B.,  do  solemnly  swear  (or  affirm)  that  1  will  faithfully,  truly 
and  impartially,  according  to  the  best  of  my  judgment,  skill  and  understanding, 
execute  the  office  and  duty  of  an  inspector  and  repacker  of  beef  and  pork,  according 
to  the  true  intent  and  meaning  of  the  laws  of  this  state  relative  to  the  same,  and  that 
I  will  not  directly  or  indirectly  brand  or  suffer  to  be  branded,  any  casks  of  beef  or 
pork,  but  what  shall  be  sound  and  merchantable  agreeably  to  the  said  laws;  a  copy 
of  which  said  oath  or  affirmation,  subscribed  by  the  person  appointed  as  aforesaid, 
and  signed  by  the  officer  by  whom  it  was  administered,  shall  be  filed  in  the  office  of 
the  clerk  of  the  county  where  the  said  inspector  and  repacker  usually  resides. 

IS.  (3)  Inspector*?  stores.  The  inspectors  and  repackers  who  may  be  appointed  by 
virtue  of  this  act,  shall  provide  themselves  with  good  and  sufficient  stores,  capable 
of  receiving  and  storing  such  beef  and  pork  as  may  be  brought  to  them  for  inspection 
and  repacking. 

14.  (4)  Construction  and  capacity  of  barrels.  All  barrels  or  half  barrels  in  which 
any  beef  or  pork  shall  be  repacked,  shall  be  made  of  good  well-seasoned  white-oak 
staves  and  heading,  and  that  every  merchantable  barrel  of  salted  beef  which  shall 
be  inspected  and  repacked  by  any  of  the  inspectors  and  repackers  appointed  or  to  be 
appointed  by  virtue  of  this  act,  shall  be  of  the  gauge  to  hold  not  less  than  twenty- 
eight  gallons,  nor  more  than  thirty  gallons,  wine  measure;  and  every  barrel  of 
merchantable  pork  shall  be  of  the  gauge  to  hold  not  less  than  twenty-nine  gallons, 
nor  more  than  thirty-one  gallons  of  the  measure  aforesaid,  and  both  shall  contain 
two  hundred  pounds  of  cured  meat;  and  every  merchantable  half  barrel  of  salted 
beef  and  pork  shall  be  of  the  gauge  to  hold  fifteen  gallons  of  the  measure  aforesaid. 
and  shall  contain  one  hundred  pounds  of  cured  meat;  each  barrel  and  half  barrel 
shall  have  thereon  at  least  twelve  good  and  substantial  hoops,  and  the  bilge  hoops 
shall  be  secured  by  wooden  pins  or  pegs,  and  the  hoops  at  each  end  by  iron  nails; 
the  heads  of  each  barrel  and  half  barrel  shall  be  flagged,  and  so  completely  coopered; 
that  in  the  opinion  of  the  inspector  and  repacker,  it  shall  be  sufficiently  tight  to  pre- 
vent the  pickle  from  leaking  out;  the  barrels  shall  l»e  as  nearly  straight  as  possible. 

15.  (5)  Brands  for  the  qualities  of  beef.  There  shall  be  three  denominations  or 
qualitiesof  beef;  the  first  to  be  denominated  "mess  beef,"  to  consist  of  choice  pieces, 
without  hocks,  shanks  or  necks;  the  second,  to  be  denominated  "prime  beef,"  shall 
not  contain  more  than  half  a  neck  and  two  shanks,  with  the  hocks  cut  off;  the  third. 
tn  be  denominated  "cargo  beef,"  shall  not  ha\  e  in  a  barrel  more  than  half  a  neck  and 
thn-e  shanks,  all  to  be  good  sound  beef  of  cattle  well  tatted;  there  shall  not  be  any 
shanks  or  bony  pieces  put  into  any  of  the  barrels  as  merchantable,  from  which  the 
meat  has  been  cut  for  smoking;  no  beef  shall  be  repacked  until  it  has  been  in  salt  a 
sutlicient  Length  of  time,  and  each  barrel  shall  be  repacked  with  at    least   three   hall' 

pecks  of  salt,  not  inferior  to  Lisbon  salt, .and  half  barrels  half  the  same  quantity  of 
salt;  the  in-t  denomination  shall  be  branded  "New  Jersey  mess  beef,"  and  the 
initial  of  the  inspector's  Christian  name,  and  his  surname  at  lull  length,  together  with 
the  name  of  the  place  where  repacked;  the  second  denomination  Bhall  be  branded 
"New  Jersey  prime  beef,"  and  the  third  "New  Jersey  cargo  beef,"  with  the  name 
of  the  inspector  and  place  where  inspected  and  repacked  as  aforesaid,  on  i><>th  the 
last-mentioned  denominations;  and  half  barrels  shall  contain  half  the  quantity  of 
each  description,  and  shall  be  branded  as  the  whole  barrels. 

Ml.  (6)  Brands  for  three  grades  of  pork.  The  said  inspectors  and  repackers  shall 
carefully  examine  all  pork  to  be  by  them  repacked,  and  Buch  only  as  is  well  fatted 
shall  be  branded  by  them  as  merchantable;  "mess  pork"  shall  consist  of  the  sides 


NEW    JERSEY.  397 

only  of  good  fat  hogs,  and  the  barrels  containing  it  shall  be  branded  on  one  of  the 
heads  ''New  Jersey  mess  pork,"  and  the  initial  of  the  repacker's  Christian  name, 
and  his  surname  at  full  length,  with  the  name  of  the  place  where  repacked;  the 
second  quality  shall  be  denominated  "prime  pork,"  and  shall  consist  of  good  sound 
fat  pork,  of  which  there  shall  not  be  in  a  barrel  more  than  three  shoulders  with  the 
legs  cut  off  at  the  knees,  and  not  more  than  two  sizable  heads,  with  the  ears  and 
snouts  cut  off,  and  which  barrel  shall  be  branded  on  one  of  the  heads  -New  J< 
prime  pork,"  with  the  repacker's  name  and  place  where  repacked  as  aforesaid;  the 
third  quality  shall  be  denominated  "cargo  pork,"  and  shall  not  contain  more  than 
four  shoulders  with  the  legs  cut  off  at  the  knees,  and  not  more  than  two  heads  not 
exceeding  in  weight  thirty  pounds,  and  which  barrel  shall  be  branded  on  one  of  the 
heads  "New  Jersey  cargo  pork,"  with  the  name  of  the  inspector  and  place  where 
repacked,  as  before  directed;  half  barrels  of  pork  shall  contain  one-halt  the  quantity 
of,  and  be  in  every  respect  as  to  quality  as  the  whole  barrels;  and  the  respective 
denominations  shall  be  branded  as  is  directed  with  respect  to  whole  barrels;  each 
barrel  shall  have  at  least  one-half  bushel  of  salt,  not  inferior  to  Lisbon  salt,  and  each 
half  barrel  not  less  than  one  peck  of  the  like  quality. 

17.  (7)  Inspection  of  beef  and  pork  for  export.  Every  barrel  or  half  barrel  ol  salted 
beef  or  pork,  which  shall  be  exposed  to  sale  within  this  state,  to  be  exported  from 
it  to  any  market  beyond  the  sea,  or  that  shall  be  bo  exported  by  the  owner  thereof, 
shall,  before  the  sale  or  exportation  thereof,  be  carefully  inspected  and  examined 
by  one  of  the  inspectors  and  repackers  of  beef  and  pork  for  the  time  being,  who  shall 
as  merchantable,  and  brand  as  is  before  directed,  each  and  every  barrel  and 
half  barrel  being  of  the  materials  and  dimensions  hereinbefore  directed  and  described, 
and  which  shall  respectively  contain  the  quantity  and  quality  of  salted  beef  or  pork 
hereinbefore  mentioned  and  required,  packed  and  secured  in  the  manner  aforesaid; 
and  the  said  inspectors  and  repackers  are  hereby  required  and  directed  to  examine 
and  repack,  and  brand  as  aforesaid,  all  such  beef  or  pork  brought  to  them  for  inspec- 
tion or  repacking,  although  the  same  may  not  be  intended  to  be  exported  as  afore- 
said to  any  foreign  market. 

Is.  iSi  Salting  befon  repacking;  care  of  branding  irons.  No  beef  or  pork  shall  be 
repacked  until  the  same  has  been  in  salt  a  sufficient  time  before  such  repacking,  and 
every  inspector  and  repacker  of  beef  and  pork  shall  carefully  secure  his  branding 
irons,  BO  M  to  put  it  out  of  the  power  of  his  servants  and  others  to  obtain  and  make 
use  of  the  same  contrary  to  the  true  intent  and  meaning  of  this  act 

1!).  (9)  Packing  regulations,  April  1-Novembet  J.  All  beet  and  pork  repacked 
between  the  first  day  of  April  and  the  first  day  of  November,  in  every  year,  shall, 
at  the  time  of  repacking  the  same,  be  pickled  with  a  good  strong  pickle,  made  of 
salt  not  finer  than  Lisbon  salt,  and  each  barn-land  half  barrel  shall  be  well  trimmed 
and  secured,  as  before  directed. 

20.  (10)  Tnsp  It  shall  be  lawful  for  every  inspector  and  repacker  i>i 
beef  and  pork,  to  demand  and  receive  from  the  ..wners  thereof,  for  inspecting  and 
repacking  every  barrel  of  beef  or  pork,  twenty  cents,  and  forevery  half  barrel  of 
beef  or  pork,  twelve  cent-,  if  repacked  In  the  Btore  provided  by  them,  and  for 
inspecting  and  repacking  every  barrel  of  beef  or  pork,  if  inspected  and  repacked  in 
any  store,  yard,  or  vessel,  other  than  their  own,  twenty-five  cent-,  and  for  every  half 
barrel,  fifteen  cent-;  for  each  hoop  wanting  and  put  on  by  the  repacker,  six  cent-; 
for  HWggitigj  nailing,  pegging,  and  pickling  each  barrel,  ten  cent-;  and  for  flagging, 
nailing,  pegging,  and  pickling  each  half  barrel,  six  cent.-,  the  owner  finding  or  paying 
for  the  salt. 

21,  (11)  Penally  for  using  b\  I  N-  ;    none  shall  use  < 
which  have  been  emptied,  after  being  branded  as  aforesaid,  s  Becond  time,  unless 
they  shall  first  •               ktch  out,  and  effectually  deface  the  repacker's  brand  off  and 
from  ever)  such  cask,  onder  the  penalty  of  fifty  dollars  foi  everj  such  cask  so  used. 


398  FOODS    AND    FOOD    CONTROL. 

2'2.  (12)  Neglect  oj  Inspector;  tine.  If  any  inspector  and  repaeker  of  beef  and  pork 
shall  neglect  or  delay  to  repack  any  beef  or  pork,  when  thereunto  required  by  the 
owner  or  possessor  thereof,  for  the  space  of  forty-eight  hours,  every  such  inspector 
and  repaeker  shall,  for  each  neglect,  pay  to  such  owner  the  sum  of  five  dollars  per 
barrel. 

23.  ( 13)  Penalty  for  offense  of  repaeker.  For  every  offense  which  the  said  repackera 
shall  commit  against  the  true  intent  and  meaning  of  this  law,  and  be  thereof  con- 
victed, he  and  they  so  offending  thall  forfeit  fifty  dollars,  and  be  rendered  incapable 
of  Berving  again  in  the  said  office. 

24.  14  i  Penalty  for  mixing  contents  of  branded  barrels.  If  any  person  or  persons 
shall,  at  any  time,  intermix,  take  out,  or  shift,  any  beef  or  pork,  that  has  been 
repacked  and  branded  as  aforesaid,  every  person  so  taking  out,  intermixing  and 
fraudulently  shifting  such  beef  or  pork,  and  being  thereof  convicted,  shall  forfeit 
and  pay  twenty  dollars  for  every  barrel  so  disturbed  by  intermixing  or  shifting. 

%2o.  (15)  Branding  by  persons  not  inspectors;  penalty.  If  any  person  or  persons, 
other  than  the  said  inspectors  and  repackers,  shall  brand  any  casks  of  beef  or  pork 
whatever  in  the  manner  directed  by  this  act,  every  person  so  offending  shall  forfeit 
the  sum  of  twenty  dollars  for  every  cask  so  branded. 

•J(>.  (16)  Recovery  of  fines;  disposition  of  same.  All  the  forfeitures  and  penalties 
aforesaid  shall  and  may  be  recovered,  with  costs  of  suit,  in  any  court  having  cogni- 
zance thereof,  by  any  person  or  persons  who  will  sue  and  prosecute  for  the  same  to 
effect;  one-half  of  which  said  forfeitures  and  penalties,  when  recovered,  shall  be  paid 
to  the  overseers  of  the  poor  of  the  town  or  place  where  the  offense  shall  be  com- 
mitted, for  the  use  of  the  poor  thereof,  and  the  other  half  to  such  person  or  persons 
who  will  sue  for  the  same  as  aforesaid. 

27.  (17)  "Extra  mess  beef"  defined;  brand.  It  shall  be  lawful  for  any  person  or 
persons  to  put  up  or  pack  beef  for  ship  stores  or  exportation,  under  the  denomina- 
tion of  extra  mess  beef  if  the  same  shall  be  of  the  quality  and  assorted  in  manner 
hereinafter  specified,  to  wit,  the  best  pieces,  without  hocks,  shanks,  or  necks  of 
oxen  or  steers,  well  fattened,  and  weighing  at  least  six  hundred  pounds,  exclusive 
of  the  hide  and  tallow,  and  shall  be  repacked  in  the  same  manner  as  is  directed  in 
this  act,  and  shall  be  branded  "New  Jersey  extra  mess  beef,"  and  the  initials  of  the 
inspector* 8  Christian  name,  and  his  surname  at  full  length,  together  with  the  name 
of  the  place  where  repacked. 

28.  (18)  Liabilities  and  perquisites  of  repackers.  A.ny  person  or  persons  repacking, 
as  aforesaid,  shall  he  liable  to  all  the  forfeitures  and  penalties,  and  entitled  to  all  the 
fees  which  are  hereinbefore  prescribed  and  directed. 

Public  Laws  L836,  p.  s.'A,  as  revised  April  in,  L846;  General  statutes  L895,  vol.  2, 
pp.  L739-1742. 

1.  Regulation  In/  local  boards  of  health  of  slaughter  of  horses  for  food.  Local 
boards  of  health  shall  have  power  to  pass,  alter  and  amend  ordinances  for  the  fol- 
lowing purposes  in  addition  to  the  purposes  icw  authorized  by  law  : 

I.  'I'm  regulate  and  control  the  sale  of  horses  for  food,  to  provide  for  their  inspec- 
tion both  before  and  after  slaughter,  ami  to  provide  for  the  granting  of  permits  to 
carry  on  the  business  of  slaughtering  horses  for  food. 

II.  To  regulate  and  control  the  manner  of  constructing,  preparing,  furnishing  and 
caring  for  houses  ami  buildings  used,  or  intended  to  be  used,  for  the  slaughter  of 

3  in  ;ill  matters  relating  to  their  sanitary  condition,  and  t<»  regulate  and  control 
I  he  local  ing  of  BUch  houses  and  buildiic 

2.  Penalty.  Any  local  board  of. health  may  prescribe  a  penalty,  not  exceed- 
ing one  hundred  dollars,  for  the  violation  of  any  ordinance  or  any  section  of  any 

ordinance  adopted  under  the  authority  of  this  act,  which  penalty  shall  he  recover- 
able in  the  same  manner  as  any  penalty  may  he  recovered   for  the  violation  of  any 


NEW    JERSEY.  399 

ordinance  adopted  under  the  provisions  of  the  act  entitled  "An  act  to  establish  in 
this  state  boards  of  health  and  a  bureau  of  vital  statistics,  and  to  define  their  respec- 
tive powers  and  duties,"  approved  March  thirty-first,  eighteen  hundred  and  eighty- 
seven,  and  the  supplements  thereto. 

Sec.  3.  LabeU;  penally;  prosecution.  No  person  shall  sell,  or  offer  or  expose  for 
sale,  or  in  anywise  aid  in  selling,  or  offering  or  exposing  for  sale,  any  horse  flesh 
unless  every  carcass,  piece  and  parcel  of  horse  flesh  so  sold,  or  offered  or  exposed  for 
sale,  shall  have  conspicuously  attached  thereto  a  label  or  tag  not  Less  than  three 
inches  wide  and  four  inches  long,  on  which  shall  be  printed  or  stamped,  in  letters 
not  less  than  one  inch  in  height,  the  words  "horse  flesh";  and  any  person  who 
shall  violate  any  of  the  provisions  of  this  section  shall  be  liable  to  a  penalty  of  one 
hundred  dollars;  every  such  penalty  may  be  recovered,  with  costs,  in  a  summary 
proceeding  either  in  the  name  of  the  board  of  health  of  the  state  of  New  Jersey  or  in 
the  name  of  the  local  board  of  health  of  the  township,  city,  borough,  town  or  other 
local  municipal  government  within  whose  jurisdiction  the  penalty  may  have  been 
incurred;  it  shall  be  the  dnty  of  any  inspector  appointed  by  the  state  board  of  health, 
and  of  any  member  of  any  local  board  of  health,  and  of  any  local  health  inspector, 
who  shall  know  or  be  informed  of  any  violation  of  any  of  the  provisions  of  this  act. 
to  make,  and  any  other  person  having  such  knowledge  may  make,  under  oath  or 
affirmation,  a  complaint  in  writing  against  the  person  or  persons,  copartnership  of 
persons  or  corporation  incurring  such  penalty,  setting  forth  the  facts  of  such  viola- 
tion, which  complaint  may  be  on  information  and  shall  be  filed  with  the  clerk  of  any 
district  court  or  with  any  justice  of  the  peace  of  the  county  within  which  the  offence 
may  have  been  committed,  or  with  any  police  justice  or  recorder  of  the  city  or 
other  municipality  within  which  any  local  board  of  health  brings  suit  shall  have 
jurisdiction;  and  the  clerk  of  the  district  court  with  whom  any  such  complaint  shall 
be  filed,  upon  the  order  of  the  judge  thereof,  and  the  justice  of  the  peace,  police  jus- 
tice or  recorder  with  whom  any  such  complaint  shall  be  filed,  is  hereby  authorized 
and  required  to  issue  process  in  the  nature  of  a  summons  when  the  complaint  i-  on 
information,  ami  in  other  cases  either  in  the  nature  of  a  summons  <>r  warrant,  which 
process,  when  iii  the  nature  of  a  warrant,  shall  be  returnable  forthwith,  and,  when 
in  the  nature  of  a  BUmmons,  -hall  he  returnable  in  imt  less  than  five  nor  in. .re  than 
fifteen  day-;  on  the  return  of  such  process,  or  at  any  time  to  which  the  trial  shall 
have  been  adjourned,  the  said  .-Mint,  justice  of  the  peace,  police  justice  or  recorder 
shall  proceed  to  hear  the  testimony  of  witnesses  and  the  proofs  in  the  case,  and  to 

determine  and  give  judgment  in  the  matter  without  the  filing  of  any  pleadings,  and. 
if  judgment   shall   be  given  in  favor  of  the  plaintiff,  execution   shall    forthwith  issue 

againsl  the  g Is  and  chattels  and  person  of  the  defendant  or  defendants  for  the 

amount  Of  the   penalty,  with  costs;  the  officers  to  Serve  and  execute  any  pro.  I 
execution,  issued   a-  aforesaid,  -hall    he  the  constat  ties  of  the  county,  which  service 

and  execution,  in  the  case  of  any  p  execution  issued  out  of  a  district  court. 

shall  be  made  in  the  BRme  manner  and  under  the  same  liabilities  a<  other  processes 
and    executions    iSBUed   OUt   of    said  COUli   are  served   and   executed;    the  offio 

serve  and  execute  am  process  or  execution  issued  by  a  justice  of  the  peace,  police 
justice  or  recorder  shall  be  the  constables  of  the  county,  \\  hich  service  and  execution 

shall    be  made  in  the  same  manner  ami  under  the  same   liabilities  as  other  pro 

and  executions  issui  d  out  of  the  courts  for  the  trial  of  small  causes;  the  c 
erai'le  in  an\  case  prosecuted  in  a  district  court  anal]  be  the  same  as  in  other 

pr  -. cnted  iii  said    court,  and    in   any  c 

police  justice  or  recorder  they  shall  be  the  same  as  are  allow,  d  in  . 
in  the  court-  for  the  trial  of  small  causes;  the  penalty  recovered  in  any  Buch  a 
shall  be  paid  to  the  plaintiff  therein  and  applied  by  roch  plaintiff  to  an}  purpoi 
which  it  may  be  legally  authorized  to  expend  money. 

lorn  i     v..  09,  pt  5    '" :* 


400  FOODS  AND  FOOD  CONTROL. 

Sec.  4.  Adjournment;  bond.  The  judge  of  the  district  court,  justice  of  the  peace, 
police  justice  or  recorder  before  whom  any  case  is  prosecuted  under  the  next  pre- 
ceding section  of  this  act  may  adjourn  the  hearing  thereof  from  time  to  time,  not 
exceeding  thirty  days  from  the  return  day  of  the  summons  or  warrant,  and  in  any 
case  where  a  warrant  shall  have  been  issued  may  require  the  defendant  or  defend- 
ants to  enter  into  a  bond  with  sufficient  surety  to  the  plaintiff  in  the  penal  sum  of 
two  hundred  dollars,  conditioned  to  appear  at  the  time  and  place  of  the  hearing  or 
trial,  and  in  default  of  such  bond  may  commit  the  defendant  or  defendants  to  the 
common  jail  of  the  county,  to  be  there  detained  until  the  hearing  or  trial  of  the  com- 
plaint; and  if  the  defendant  or  defendants  shall  fail  to  appear  at  the  time  and  place 
to  which  the  hearing  or  trial  shall  be  so  adjourned,  the  bond  shall  he  delivered  to 
the  plaintiff,  who  may  sue  thereon  and  apply  the  moneys  recovered  in  such  suit 
to  any  purpose  for  which  it  may  be  legally  authorized  to  expend  money. 

Sec  5.  Fodii  of  conviction.  The  conviction  in  prosecutions  under  the  next  pre- 
ceding section  of  this  act  shall  be  in  the  following  or  similar  form:  '"State  of  New 

Jersey,  county  of ,  ss.  — .     Be  it  remembered  that  on  this day  of , 

A.  D.  18 — ,  at ,  in  said  county,  C.  D.,  defendant,  was,  by  the  district  court  of 

the  city  of  T.  (or,  by  me,  E.  F.,  justice  of  the  peace,  police  justice  or  recorder  of  the 

city  of ,  or  as  the  case  may  be),  convicted  of  violating  the section  of 

'An  act  to  provide  for  the  regulation  and  control  of  the  slaughter  of  horses  and  the 

sale  of  horse  flesh  for  food,'  approved ,  1899,  in  a  summary  proceeding  at  the 

suit  of  the  local  board  of  health  of  the  township  of  A.  |  <>r  as  the  case  may  he);  and 
further,  that  the  witnesses  in  said  proceeding  who  testified  for  the  plaintiff  were 
(name  them),  and  the  witnesses  who  testified  for  the  defendant  were  |  name  them); 
therefore,  the  said  court  (or  justice  of  the  peace,  police  justice  or  recorder,  as  the  case 
may  be)  doth  hereby  give  judgment  that  the  plaintiff  recover  of  the  defendant  one 
hundred  dollars  penalty  and dollars  cost  of  this  proceeding." 

The  said  conviction  shall  be  signed  by  the  judge  of  the  the  district  court,  justice oi 
the  peace,  police  justice  or  recorder  before  whom  the  conviction  is  had. 

Sec  6.  Effect.     This  net  shall  take  effect  immediately. 

Approved  March  24,  1899.     Acts  of  L899,  ch.  L97,  pp.  517-520. 

VINEGAR. 

1.  Adulteration  of  cider  vinegar.  Every  person  who  manufactures  for  sale,  or  offers 
or  exposes  for  Bale  ;i-  cider  vinegar,  any  vinegar  not  the  legitimate  product  of 
pure  apple  juice,  known  as  apple  cider,  or  vinegar  net  made  exclusively  of  said  apple 
cider,  or  vinegar  into  which  foreign  substances,  drugs  or  acids  have  been  introduced, 
as  may  appear  by  proper  tests,  shall  for  each  offense  he  punishable  by  tine  of  not 
less  than  fifty  QOr  more  than  one  hundred  dollars. 

2.  Addition  of  injurious  ingredients.  Every  person  who  manufactures  for  sale,  or 
offers  for  sale,  any  vinegar  found  upon  proper  tests  to  contain  any  preparation  ^i 
Lead,  copper,  sulphuric  acid  or  other  ingredient  injurious  to  health,  shall  for  each 
such  offense  he  punishable  by  line  of  not  less  than  <>n.-  hundred  dollars. 

.*{.  Appointment  of  inspector;  sampling;  issuing  of  certificates;  reports.    The  board  of 

Chosen    freeholders  of  each   county  in   this  state   may  annually,  by  a   majority    vote 

I  board,  appoint  one  person  to  be  inspector  of  vinegar,  who  shall  be  sworn, 
before  entering  upon  his  duties,  and  who  shall  have  power  and  authority  to  inspect 

and    examine  all    vinegar  offered    for  sale;    it    shall  he   the  duty  of  such    inspector  to 

examine  vinegar  offered  for  Bale,  mid  he  shall  be  charged  with  the  enforcement  of  the 
various  provisions  of  this  act;  he  shall  have  full  access  to  and  egress  from  all  places 
of  business,  hctori  r  other  places  where  vinegar  is  or  may  he  Btored  or 

offered  for  sale,  and  thr  right  to  examine  and  take  samples  Er all  vessels  in  w  hich 

vinegar,  or  what  Is  branded  or  otherwise  represented  to  be  vinegar,  is  contained, 


NEW    JERSEY.  401 

and  to  analyze  the  same,  and  to  take  samples  for  the  purpose  of  analysis;  the  salary 
or  compensation  for  the  inspector  appointed  under  this  act  shall  be  fixed  and  deter- 
mined by  the  county  board,  and  all  salaries  or  compensation  herein  referred  to  shall 
be  raised,  levied  or  provided  for  in  the  annual  tax  levies  of  such  counties:  any 
person  or  persons  willfully  preventing  or  obstructing  the  said  inspector  in  the  per- 
formance of  his  duty  shall  be  deemed  guilty  of  a  misdemeanor;  it  shall  also  be  the 
duty  of  such  inspector,  upon  the  request  of  any  person  owning  or  having  vinegar  in 
his  custody,  to  inspect  the  same,  and  whenever  such  inspection  and  examination 
pursuant  to  such  request  is  made,  the  inspector  shall,  upon  request  of  such  person, 
give  a  certificate  showing  the  percentage  of  acidity  of  the  vinegar  inspected  or  exam- 
ined, for  which  the  inspector  shall  receive  and  be  paid  by  the  person  requesting 
such  examination,  the  sum  of  one  dollar;  and  upon  the  request  of  said  person,  the 
inspector  Bhall  give  an  additional  certificate  which  shall  show,  in  addition  to  the 
percentage  of  acidity  of  the  vinegar  inspected  or  examined,  its  percentage  of  eider 
vinegar  solids,  for  which  he  shall  be  paid  by  such  person  so  requesting  vinegar  to  be 
inspected  the  sum  of  three  dollars;  it  shall  be  the  duty  of  authorities  of  cities  where 
BUch  inspector  is  appointed  to  provide  a  room  or  office,  and  all  necessary  chemicals 
and  apparatus  for  the  use  of  such  inspector  and  the  proper  discharge  of  the  duties  of 
his  office;  each  inspector  appointed  under  the  provisions  of  this  act  shall  keepa  book 
in  which  entry  and  date  of  all  inspections  and  other  transaction.-  pertaining  to  the 
Same  shall  be  made  and  kept,  and  the  said  book  shall  be  subject  to  the  inspection  of 
any  citizen  of  the  town  or  city  where  such  inspector  resides;  said  inspector  shall, 
apon  request  of  the  board  of  health  of  their  respective  town  or  city,  make  report  of 
all  inspection-  made  during  the  six  months  preceding  such  request 

I.  Handling  or  misbranding  adulterated  vinegar.  No  person  shall,  by  himself,  his 
servant  or  agent,  or  a-  the  servant  or  agent  of  any  other  person,  sell,  exchange, 
deliver  or  have  in  Ids  custody  or  possession,  with  intent  to  sell  or  exchange,  any 
adulterated  vinegar,  or  label,  brand  or  sell  as  cider  vinegar,  or  a-  apple  vinegar, 
any  vinegar  not  the  legitimate  product  of   pure  juice,  or  not  made  exclusively  from 

apple  cider. 

5.  Adulteration  defined.  All  vinegars  shall  be  without  artificial  coloring  matter, 
and  shall  have  an  acidity  equivalent  to  the  presence  of  not  less  than  four  and  one- 
hall  per  centum,  by  weight,  of  absolute  acetic  acid,  and  in  the  case  of  cider 
vinegar,  shall  contain  in  addition  not  less  than  two  per  centum,  by  weight,  of  eider 
vinegar  solids  upon  full  evaporation  over  boiling  water:  and  if  any  vinegar  contains 
any  artificial  coloring  matter  or  less  than  the  above  amount  of  acidity  or  of  cider 
Vinegar  solids,  it   shall  be  deemed   to   be  adulterated  within  the  meaning  of  this  act. 

<>.  Branding.  Ever]  person  making  or  manufacturing  cider  vinegar  -hall  brand 
on  each  head  of  the  cask,  barrel  or  keg  containing  such  vinegar,  the  name  and 
residence  of  the  manufacturer,  the  date  when  same  was  manufactured,  and  the 
word-  "cider  \  inegar." 

7.  Penalty;  prosecutions.  Whoever  violates  any  of  the  provisions  of  this  act  shall 
lie  punished  by  a  flue  not  exceeding  one  hundred  dollars;  any  person  who  may 
have  suffered  any  injury  or  damage  by  reason  of  the  violation  of  any  of  the  provi- 
sions of  this  ad.  or  any  inspector  appointed  under  this  act,  may  maintain  an  action 
in  his  own  name  againsl  any  person  violating  any  <>f  the  provisions  of  this  act,  n> 
n  cover  the  penalties  provided  for  BUCb  violation,  and  one-half  of  the  sun. 
shall  he  retained  by  such   aggrieved    person  for  his  Own  use,  anil  the  other  half  -hall 

be  paid  to  the  collector  of  the  county  in  which  such  offense  \\;i-  committed,  for  the 
use  of  said  county,  in  case  the  action  is  brought  by  an)  inspector  appointed  pursu- 
ant to  section  three  ol  this  act,  uo  part  of  the  sun  1  in  such  action  shall  be 
retained  by  him  for  hi-  >>w  □  use;  but  in  any  BUch  action  bo  br  tught  by  an  inspa 
aforesaid,  he  shall  not  be  held  personally  responsible  for  costs  of  Buit,  and  th. 


402  FOODS  AND  FOOD  CONTROL. 

in  which  such  action  is  commenced,  shall,  from  any  penalty  recovered  in  such  action, 
make  an  allowance  to  the  plaintiff  for  counsel  fees,  the  remainder,  if  any,  after  pay- 
ing such  counsel  fees,  to  be  paid  to  the  county  collector  of  the  county  in  which  such 
offense  shall  be  committed,  for  the  use  of  such  county;  no  person  shall  be  liable  for 
any  one  offense  but  in  one  action,  and  in  case  an  action  is  brought  by  an  inspector, 
it  shall  be  brought  in  his  name  as  inspector  of  vinegar. 

General  Statutes  L895,  vol.  3,  p.  3744. 

Sec.  1.  Standard  for  cider  vinegar.  No  person  shall  distribute  or  sell,  or  offer  Eoi 
distribution  or  sale,  or  have  in  h  ion  with  intent  to  distribute  or  soil,  as 

cider  vinegar  or  apple  vinegar,  any  vinegar  which  is  not  produced  exclusively  by 
the  alcoholic  and  subsequent  acetous  fermentations  of  the  juice  of  apples,  oris  not 
laevo-rotatory.  or  the  total  amount  of  acid,  in  one  hundred  cubic  centimeters  of 
which,  calculated  as  acetic  acid,  is  less  than  four  grams,  or  which  contains  Less  than 
one  and  six-tenths  grams  of  apple  solids  or  less  than  twenty-five  one-hundreths 
of  one  gram  of  apple  ash  in  one  hundred  cubic  centimeters.  The  water-soluble  ash 
from  one  hundred  cubic  centimeters  of  the  vinegar  shall  require  not  Less  than  thirty 
cubic  centimeters  of  decinormal acid  to  neutralize  its  alkalinity,  and  shall  contain  not 
less  than  ten  milligrams  of  phosphoric  anhydride. 

Sec  2.  Standard  for  wine  vinegar.  No  person  shall  distribute  or  sell,  or  offer  for 
distribution  or  sale,  or  have  in  his  possession  with  intent  to  distribute  or  sell  as  wine 
vinegar  or  grape  vinegar,  any  vinegar  which  is  not  produced  exclusively  by  the 
alcoholic  and  subsequent  acetous  fermentations  of  the  juice  of  the  grape,  or  the 
total  amount  of  acid  in  one  hundred  cubic  centimeters  of  which,  calculated  as  acetic 
acid,  is  less  than  four  grains,  or  which  contain  less  than  one  and  four-tenths  grams 
of  grape  solids,  or  less  than  thirteen  one  hundreths  of  one  gram  of  grape  ash  in  one 
hundred  cubic  centime!- 

.3.  Standard  for  malt  vinegar.  No  person  shall  distribute  or  sell,  or  offer  for 
distribution  or  sale,  or  have  in  his  possession  with  intent  to  distribute  or  sell,  as 
malt  vinegar,  any  vinegar  which  is  not  made  exclusively  by  the  alcoholic-  and  subse- 
quent acetous  fermentations,  without  distillation,  of  an  infusion  of  barley  malt  or 
cereals  whose  starch  has  been  converted  by  malt,  or  is  not  dextro-rotatory,  or  the 
total  amount  of  acid  in  one  hundred  cubic  centimeters  of  which,  calculated  as  acetic 
acid,  is  less  than  four  grams,  or  which  contains  less  than  two  grams  of  solids  or  less 
than  two-tenths  of  one  -ram  of  ash  in  one  hundred  cubic  centimeters.  The  water- 
soluble  ash  from  one  hundred  cubic  centimeters  of  the  vinegar  shall  require  not  less 
than  four  cubic  centimeters  of  decinormal  acid  to  neutralize  its  alkalinit\  and  shall 
contain  not  less  than  nine  milligrams  of  phosphoric  anhydride'. 

•4.  Standard  for  sugar  vinegar,  etc.  No  person  shall  distribute  or  sell,  or  offer 
for  distribution  or  -ale,  or  have  in  hi-  possession  with  intent  to  distribute  <>r  -ell,  as 
sugar  vinegar,  molasses  vinegar  or  Byrup  vinegar,  any  vinegar  which  i<  not  made 
exclusively  by  the  alcoholic  and  subsequent  acetous  fermentations  of  solutions  of  a 

BUgar,  Byrup,  molasses  or  refiners'  syrup,  or  the  total  amount  of  acid  in  one  hundred 
cubic  centimeters  of  \\  hich,  calculated  as  acetic  acid,  is  less  than  four  grams. 

."».  Standard  for  gluco8i  vinegar.     No  person  shall  distribute  or  sell,  or  offer  for 
distribution  or  sale,  or  have  in  hi--  possession  with  intent  to  distribute  or  Bell,  as  glu- 
.  inegar,  any  vinegar  which  is  not  made  exclusively  by  the  alcoholic  and  subse- 
quent acetous  Fermentations  of  solutions  of  Btarch  BUgar,  glucose,  or  glucose  syrup,  <>r 

i-  m.t  dextro-rotatory,  Or  the  total  amount  of  acid  in  one  hundred  cubic  centimeters 
of  w  hich,  calculated  as  acetic  acid,  is  less  than  four  grams. 

B»  6.  Standard  for  distilled  or  grain  vinegar.  No  person  shall  distribute  or  sell,  or 
offer  for  distribution  or  sale,  or  have  in  hi-  possession  with  intent  to  distribute  or 
Bell,  as  spirit  vinegar,  distilled  vinegar,  or  grain  vinegar,  any  vinegar  which  is  not 

made  exclusively  by  the  acetOUS  fermentation  of  dilute  distilled  alcohol,  or  tin-  total 


NEW    JERSEY.  403 

amount  of  acid  in  one  hundred  cubic  centimeters  of  which,  calculated  as  acetic  acid, 
is  Less  than  four  grams. 

.  7.   Total  acid  limit;  mineral  add,  preservative*  and  coloring  matter*  proh 
No  person  shall  distribute  or  sell,  or  offer  for  distribution  or  sale,  or  have  in  h:- 
session  with  intent  to  distribute  or  sell,  any  vinegar,  the  total  amount  of  acid  in  one 
hundred  cubic  centimeters  of  which,  calculated  as  acetic  acid,  is  less  than  I  mr  grams, 
or  winch  contains  any  mineral  acid,  any  artificial  coloring  matter  or  any  preservative. 

s.  Labels.     No  person  shall  distribute  or  sell;  or  offer  for  distribution  oi 
or  have  in  hi-  ;  with  intent  to  distribute  or  sell,  any  vinegar  contained  in 

any  barrel,  vessel,  bottle  or  package  unless  such  barrel,  vessel,  bottle  or  package  bears 
a  label  or  imprint  thereon  in  legible  type,  designating  the  name  and  address  of  the 
manufacturer  of  the  vinegar  and  the  name  of  the  particular  kind  of  vinegar  contained 
therein. 

9.  Penalty.  Any  person  violating  any  of  the  provisions  of  the  first,  second, 
third,  fourth,  fifth,  sixth,  seventh  or  eighth  sections  hereof  shall  be  liable  to  a 
penalty  of  fifty  dollars  to  be  BUed  for  and  recovered  in  the  same  manner  as  penalties 

tovered  under  the  act  to  which  this  act  is  a  further  supplement 

and  four  of  the  act  entitled  "A  supplement  to  the 
act  entitled  'An  ad  to  secure  the  purity  of  food-,  beverages,  confectionery,  condi- 
ment-, drugs  and  medicines,  and  to  prevent  deception  in  the  distribution  and  Bales 
thereof,'  approved  March  twenty-first,  anno  domini  one  thousand  nine  hundred  and 
one."  approved  April  fourth,  one  thousand  nine  hundred  and  two.  be  and  the  same 
are  hereby  repealed. 

t.     This  act  shall  take  effect  immediately. 

Approved  May  22,  L905.  Acts  of  1905,  ch.  245,  pp.  475-4;-.  Supplement  to  the 
act  approved  March  21,  1901.     See  pp.  373,  391.)  ' 

WAT  Kit  AM)   ICE. 
1.  Right  to  gather  ice.     it  shall  be  lawful  for  all  persons  having  ice-houses  upon 

the  water-  of  this  State  to  gather  the  ice  in  front  of  their  lands,  to  the  middle  of  the 
al  Streams,  pond-  and  lake-  upon  which  they  are  located. 

-.  1  with  id  dealers.     During  the  time  the  several  ice  dealers  are  gather- 

ing their  i  t  -hall   not   be  lawful  for  any  person   to  interfere  with  the  -anie 

except  for  the  purpos i-  of  navigation. 

:{.  Exceptions.  The  provision- of  this  act  shall  not  extend  to  the  owners  of  mill- 
ponds,  nor  shall  it  extend  to  parties  having  the  mere  right  of  way  upon  the  Bhores 
of  the  several  water-courses  of  this  si  v  ;  February  fS,  1871. 

1.     I  i   Penalty  for  polluting  t  ing  property  for  gathering  'same.     If 

any  perBOD  or  persons  -hah  maliciously  or  willfully  pollute,  corrupt  or  render  impure 

the  ice  in  front  of  the  land- «.f  persons  having  ice-houses,  as  described  in  the  tirst 
section  of  the  act  to  which  this  is  a  supplement,  or  shall  willfully  or  maliciously 
destroy  any  engine,  machine,  tool-  or  other  property  used  for  the  gathering  and 
storing  such  i.e.  the  person  or  persons  so  offending  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  being  thereof  convicted,  shall  be  punished  l>\  a  tine  not 
one  hundred  dollars  or  imprisonment  at  hard  labor  not  exceedinj 
both.     .1,  \iarch  if.  181  s  pplement  to 

ral  statu-.  .1.  2,  pp. 

807.     i      Approved  April  21, 187"  ended  by  £  and  311,  j 

•'10s.     !        This  secti<  •!),  amendi 

809.    2)    B  l •    -hall  be  i ;  I  the 

owner  or  owners,  occupant  or  occupants  of  anj  land  \\  hereon  any  such  cai 
or  other  offensive  matter  may  be,  to  cause  the  tame  to  be  buried  forthwith,  so  that 


404  FOODS    AND    FOOD    CONTROL. 

all  portions  thereof  shall  be  covered  with  solid  earth  to  a  depth  of  at  least  two  feet 
below  the  surface  of  the  ground,  and  not  within  a  distance  of  two  hundred  feet  from 
such  creek,  pond  or  brook  used  as  aforesaid:  and  any  such  owner  or  occupant  who 
shall  refuse  or  neglect  for  the  space  of  two  days  to  remove  and  bury  as  aforesaid,  or 
cause  to  be  removed  and  buried,  any  such  carcass,  offal  or  offensive  matter,  shall  In- 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  punished  by  a 
tine  not  exceeding  one  thousand  dollars,  or  by  imprisonment  not  exceeding  two 
-    or  both. 

310.  (3)  Repeal.  All  acts  and  parts  of  acts  inconsistent  with  this  act,  in  as  far 
as  they  are  inconsistent  herewith,  be  and  the  same  are  hereby  repealed,  and  that 
this  act  shall  take  effect  immediately. — Sees.  1-8  approved  February  27,  1880. 

311.  (1)  Pollution  of  water  supplies;  penalty.  The  first  section  (see  Sees.  307  and 
308,  ante)  of  the  "said  act  be  amended  so  as  to  read  as  follow-: 

(If  any  person  or  persons  shall  throw,  cause  or  permit  to  be  thrown  into  any 
reservoir,  or  into  the  waters  of  any  creek,  pond  or  brook  of  this  state  which  runs 
through  or  along  the  border  of  any  city,  town  or  borough  of  this  state,  or  the  waters 
of  which  are  used  to  supply  any  aqueduct  or  reservoir  for  distribution  for  public  use, 
any  carcass  of  any  dead  animal,  or  any  offal  or  offensive  matter  whatsoever  calcu- 
lated to  render  said  waters  impure,  or  to  create  noxious  or  offensive  smells,  or  shall 
connect  any  watercloset  with  any  sewer,  or  other  means  whereby  the  contents 
thereof  may  he  conveyed  to  and  into  any  such  creek,  pond  or  brook,  or  shall  so 
deposit  or  cause  or  permit  to  be  deposited  any  sueh  carcass,  offal  or  other  offensive 
matter  that  the  washing  or  waste  therefrom  shall  or  may  be  conveyed  to  or  into  any 
such  creek,  pond,  brook  or  reservoir,  such  person  or  persons  shall  be  deemed  guilty 
of  a  misdemeanor,  and,  on  conviction  thereof  shall  be  punished  by  a  tine  not  exceed- 
ing one  thousand  dollars,  or  Vy  imprisonment  not  exceeding  two  years,  or  both. 

312.  (2)  Repeal.  All  acts  and  parts  of  acts  inconsistent  with  this  act  in  as  far  as 
they  are  inconsistent  herewith  be  and  the  same  are  hereby  repealed,  and  that  this 
shall  take  effect  immediately. — Sees.  1-2  approved  March  14,  1888. 

$22.  ( 1 )  Befouling  of  creeks,  etc.,  used  for  cutting  ice;  penalty.  If  any  person  or  per- 
sons shall  throw,  cause  or  permit  to  be  thrown  into  the  waters  of  any  creek,  pond 
or  brook  of  this  state,  the  waters  of  which  may  be  used  for  the  cutting  and  harvest- 
ing of  ice,  any  carcass  of  any  dead  animal  or  any  offal  or  offensive  matter  whatso- 
ever, calculated  to  render  said  waters  impure  or  create  QOxious  or  offensive  smells, 
or  shall  connect  any  water-closet  with  any  sewer  or  other  means  whereby  the  con- 
tents thereof  may  be  conveyed  through  and  into  any  such  creek,  pond  or  brook, 
shall  he  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  pun- 
ished by  a  tine  not  exceeding  one  hundred  dollars,  or  imprisonment  not  exceeding 
thirty  days,  or  both. — Approved  March  ?9,  is:s. 

General  Statutes  L896,  vol.  L,  pp.  L106-1109. 

1.  No  "•<  '<>  be  cut  "/•  sold  within  /units  of  city  without  permit  from  board  of  health.     No 

ice  shall  be  CUt  for  the   purpose  Of   being  sold  or  used   in  any  city  of  this  state  from 
any  pond,  creek  or  river  within  the  limit-  of  any  BUCh  city,  unless  a  permit  therefor 

>hall  be  Bret  obtained  from  the  board  of  health  of  such  city,  and  no  person  or  per 

sons  -hall  sell  or  deliver  any  ice  in  any  city  in  this  state  w  ithotit  first  obtaining  a  per- 
mit therefor  from  the  hoard  of  health  of  such  cit\  ,  and  it  shall  be  lawful  for  an\  BUCh 

board  of  health  to  refuse  a  permit  and  to  revoke  an\  granted  by  them  as  aforesaid 

when  in  their  judgment  the  use  of  any  ice  cut  or  -old,  or  to  be  cut  or  sold,  under  the 

same  is  or  would  be  detrimental  to  the  public  health. 

8.  Board  may  prohibit  sale  of  ice  n,  certain  cases.  The  hoard  of  health  of  any  city 
may  prohibit  the  sale  ami  use  of  any  ice  u  ithin  the  limits  of  such  city  when  in  their 
judgment  the  same  is  unfit  for  use,  and  the  use  of  the  same  would  be  detrimental  to 

the  public  health,  and  the  aaid  hoard  may  prohibit  ami  through  it<  officers  stop, 


NEW    JERSEY.  405 

detain  and  prevent  the  bringing  of  any  such  ice  for  the  purpose  of  sale  or  use  into  the 
limits  of  any  Mich  city,  and  also  in  the  same  manner  stop,  detain  and  prevent  the  sale 
or  use  of  any  such  ice  found  within  the  limits  of  such  city. 

.'J.  Penalty.  Any  person  or  persons  who  shall  violate  any  of  the  provisions  of  this 
act,  or  who  shall  attempt  to  cut,  sell  or  bring  into  any  city  any  such  ice  after  being 
notified  by  said  board  of  health  or  its  officers  not  to  do  so,  shall  be  guilty  of  a  mis- 
demeanor, and  on  conviction  shall  be  sentenced  to  imprisonment  in  the  county  peni- 
tentiary tor  a  term  not  to  exceed  -ix  months,  or  to  pay  a  fine  of  five  hundred  dollars, 
or  both,  in  the  discretion  of  the  court;  and  it  shall  be  lawful  for  the  officers  of  said 
board  of  health  or  the  police  officers  of  any  such  city  to  arrest  on  sight  any  person  or 
persons  who  shall  be  found  violating  any  of  the  provisions  of  this  act. — Sees.  IS, 
approved  March  IS,  1885. 

1.  Provisions  of  act  extended.  The  provisions  of  the  act  to  which  this  act  is  a  sup- 
plement be  and  the  same  hereby  are  extended  to  all  boroughs,  township-,  towns  and 
other  local  municipal  governments  in  the  state. — Approved  March  8,  1888.  (Supple- 
ment to  ad  approved  March  IS,  1885.) 

General  Statutes,  1895,  vol.  2,  p.  1650. 

1.  Pollution  of  water  supplies  of  towns,  cities,  etc.,  prohibited;  /»  wilt;/.  No  Bewage, 
drainage,  domestic  or  factory  refuse,  excremental  or  other  polluting  matter  of  any 
kind  whatsoever  which,  either  by  itself  or  in  connection  with  other  matter,  will  cor- 
rupt  or  impair,  or  tend  to  corrupt  or  impair,  the  quality  of  the  water  of  any  river, 
brook,  stream  or  any  tributary  or  branch  thereof,  <>r  of  any  lake,  pond,  well,  spring 
or  other  reservoir  from  which  is  taken,  or  may  be  taken,  any  public-  supply  of  water 
for  domestic  use  in  any  city,  town,  borough,  township  or  other  municipality  of  this 
state,  or  which  will  render,  or  tend  to  render,  such  water  injurious  to  health,  shall 
be  placed  in.  or  discharged  into,  the  waters,  or  placed  or  deposited  upon  the  ice,  of 
any  such  river,  brook,  stream  or  any  tributary  or  branch  thereof,  or  of  any  lake, 
pond,  well,  spring  or  other  reservoir  above  the  point  from  which  any  city,  town. 
borough,  township  or  other  municipality  shall  or  may  obtain  its  supply  of  water  for 
domestic  use,  nor  -hall  any  Buch  Bewage,  drainage,  dome-tic  or  factory  refuse,  excre- 
mental or  other  polluting  matter  be  placed  <>r  Buffered  to  remain  upon  the  bank-  of  any 
such  river,  brook,  stream  or  of  any  tributary  or  branch  thereof,  or  of  any  lake,  pond, 
well,  spring  or  other  reservoir  above  the  point  from  which  any  city,  town,  borough, 
township  or  other  municipality  .-hall  or  may  obtain  its  supply  of  water  for  domestic 
-  aforesaid;  and  any  person  or  persons,  or  private  or  public  corporation,  which 
shall  offend  against  any  of  the  pro\  isions  of  this  section  -hall  be  liable  to  a  penalty 
of  one  hundred  dollars  for  each  offense;  and  each  week's  continuance,  after  notice 
by  the  state  or  local  board  of  health  to  abate  or  remove  the  same,  shall  constitute  a 
separate  offense;  provided,  however,  th&\  this  section  shall  not  be  held  to  apply  to  any 
city,  town,  borough,  township  or  other  municipality  of  this  state  which,  at  the  date 
of  the  passage  of  this  act,  has  a  public  sewer  or  system  of  -ewer-,  drain  or  Bystem  of 
drain-,  legally  constructed  under  municipal  or  town-hip  authority,  discharging  its 
drainage  or  sewage  into  any  such  river,  brook,  Btream,  lake,  pond,  well.  Bpring  ••»• 
other  reservoir;  and  proi  id*  >L  furtfu  r,  that  nothing  in  this  section  contained  shall  be 
construed  to  repeal,  modify  or  otherwise  affect  any  law  "i  statute  now  conferring 
upon  any  local  board  of  health  the  power  or  authority  to  Institute  any  proceedings 
in  any  court  of  t  hi-  -tate  for  the  recovery  of  an}  penalty  for,  or  obtaining  any  injunc- 
tion against,  the  pollution  of  any  of  the  waters  of  this  state. 

'     /  \  n  \   penalty  incurred  under  an\  of  the  provisions  of  the  tir-t 

section  of  this  ad  may  be  recovered,  with  costs,  in  a  Bummary  proceeding,  either  in 
the  name  of  the  board  of  health  of  the  state  of  N  rt  or  in  the  name  of  the 

local  board  of  health  of  the  tow  n- hip,  city,  borough,  town  or  other  local  muni 


406  FOODS    AND    FOOD    CONTROL. 

government  within  whose  jurisdiction  the  penalty  may  have  been  incurred;  it  shall 
be  the  doty  of  any  health  inspector,  or  member  of  any  local  board  of  health,  who 
shall  know  or  be  informed  of  any  violation  of  any  of  the  provisions  of  the  first  section 
of  this  act  whereby  any  penalty  may  have  been  incurred,  to  make,  and  any  other  per- 
son having  such  knowledge  may  make,  under  oath  or  affirmation,  a  complaint  against 
the  person  or  persons  or  private  or  public  corporation  incurring  such  penalty,  setting 
forth  the  tacts  of  such  violation,  which  complaint  shall  be  filed  in  the  office  of  the 
clerk  of  the  district  court,  or  with  any  justice  of  the  peace  of  the  county  within 
which  the  offense  may  have  been  committed,  or  with  any  police  justice  or  recorder 
of  the  township,  city  or  other  municipality  within  which  any  local  board  bring- 
ing suit  shall  have  jurisdiction;  and  the  district  court,  justice  of  the  peace4  police 
justice  <>r  recorder  with  whom  any  complaint  shall  be  tiled  as  aforesaid,  setting 
forth  facts  sufficient  to  show  that  the  penalty  prescribed  by  the  first  section  of  this 
act  has  been  incurred,  is  hereby  authorized  and  required  to  issue  process  either  in 
the  nature  of  a  summons  or  warrant,  which  process,  when  in  the  nature  of  a  warrant, 
shall  be  returnable  forthwith,  and  when  in  the  nature  of  a  summons  shall  be  return- 
able in  not  less  than  five  nor  more  than  fifteen  days;  on  the  return  of  such  process, 
orat  any  time  to  which  the  trial  shall  have  been  adjourned  the  same  court,  justice  of 
the  peace,  police  justice  or  recorder  shall  proceed  to  hear  the  testimony  of  witnesses 
and  the  proofs  in  the  case,  and  to  determine  and  give  judgment  in  the  matter 
without  the  riling  of  any  pleadings,  and,  if  judgment  shall  be  given  in  favor  of  the 
plaintiff,  execution  shall  forthwith  issue  against  the  goods  and  chattels  of  the 
defendant  for  the  amount  of  the  penalty,  with  costs;  and  all  judgments  so  ren- 
dered shall  have  the  same  force  and  effect  as  other  jugdments  in  civil  ait  ions 
before  civil  courts  and  officers,  and  may  lie  docketed  in  like  manner  in  the  office  of 
the  clerk  of  the  court  of  common  pleas;  the  officers  to  serve  and  execute  any  pr<  ►ceSB 
or  execution  issued  as  aforesaid  shall  be  the  constables  of  the  counties,  which  serv- 
ice ami  execution,  in  the  case  of  any  execution  issued  out  of  the  district  court, 
shall  he  made  in  the  same  manner  and  under  the  same  liabilities  as  other  exe- 
cution- issued  out  of  said  court  are  served  and  executed;  the  officers  to  serve  and 
execute  any  process  or  execution  issued  by  a  justice  of  the  peace,  police  justice  or 
recorder  shall  be  the  constables  of  the  county,  which  service  and  execution  shall  be 
made  in  the  same  manner  and  under  the  same  liabilities  as  prescribed  in  cases  of  the 
service  ami  execution  of  processes  and  executions  by  the  act  entitled  "Au  act  consti- 
tuting courts  for  the  trial  of  small  causes,"  and  the  supplements  thereto;  all  moneys 
ered  in  any  such  proceeding  shall  be  paid  to  the  plaintiff  therein  and  applied 
by  such  plaintiff  to  any  purpose  for  which  it  may  he  Legally  authorized  to  expend 
money. 

:!.    Enforcement  by  StaU  board  of  health.     The  state  hoard  of  health  shall   have 

the  genera]  supervision,  with  reference  n.  their  purity,  of  all  river-,  brooks,  streams, 

lakes,  pond.-,  w  ell-.  BpringS  or  other  reservoirs  III  this  slate,  |  he  waters  of  which  arc, 

or  may  be  used  a-,  the  source  or  sources  of  public  water  supplies  for  domestic  use, 
together  with  the  waters  feeding  the  same,  and  shall  have  the  authority,  from  time 
to  time,  a-  thej  deem  necessary  or  proper,  to  examine  the  same  ami  to  inquire  what, 

if  any,  pollution-  exist  and  t  heir  cau-e-;  and  the  said  State  hoard  of  health,  in  carry- 
ing out  the  provisions  of  this  Bectiol]  may,  from  time  to  time,  as  they  deem  it  neces- 
sary or  proper,  address  inquiries  in  printed  or  written  form  to  any  local  hoard  of 
health,  municipal  or  township  authority,  corporation,  or  person  or  persons,  which 
inquiries  it  -hall  he  the  duty  of  the  persons  or  parties  addressed  to  answer  within 
such  time  a-  the  said  state  hoard  of  health  ma\  in  -uch  inquiries  prescribe. 

Sbc.  I.   Procedure  in  case  of  violation  of  section  i.     If  any  person  or  persons,  corpora- 
tion or  corporations,  city,  town,  borough,  township  or  other  municipality  of  this 


a  So  in  Statutes. 


NEW    JERSEY.  407 

state,  or  any  municipal  or  township  authority,  shall  violate  any  of  the  provisions 
of  the  first  section  of  this  act,  it  shall  be  lawful  for  the  said  state  hoard  of  health, 
instead  of  proceeding  in  a  summary  way  to  recover  the  penalty  prescribed  in  raid 
section,  to  file  a  bill  in  the  court  of  chancery,  in  the  name  of  the  state,  on  the  rela- 
tion of  such  board,  for  an  injunction  to  prohibit  the  further  violation  of  the  raid 
section,  and  every  such  action  shall  proceed  in  the  court  of  chancery  according  to  the 
rules  and  practice  of  bills  filed  in  the  name  of  the  attorney-general  on  the  relation  of 
individuals,  and  cases  of  emergency  shall  have  precedence  over  other  litigation  pend- 
ing at  the  time  in  the  court  of  chancery,  and  may  be  heard  on  final  hearing  within 
such  time  and  on  Bach  notice  as  the  chancellor  shall  direct. 

Sec.  5.  Repeal,  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this 
act  are  hereby  repealed. 

Sec.  6.  Effect.     This  act  shall  take  effect  immediately. 

Approved  March  17,  1899.     Acts  of  1899,  eh.  41,  pp.  73-76. 


NEW  MEXICO. 

Violations  of  the  food  laws  of  New  Mexico  are  considered  as  misde- 
meanors, and  no  special  provision  is  made  for  their  enforcement. 

GENERAL  FOOD  LAWS. 

12-44-.  Penalty  for  selling  unwholesome  food.  If  any  person  knowingly  shall  sell  any 
kind  of  damaged,  spoiled,  or  unhealthy  provisions  either  for  food  or  drink,  without 
giving  sufficient  notice  to  the  purchaser  of  the  same,  he  shall  be  fined  in  a  sum  not 
exceeding  five  hundred  dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding 
six  months. 

\'1\").  Penalty  for  adtUtercUing  drugs.  If  any  person  shall  fraudulently  adulterate 
for  the  purpose  of  selling  any  drug  or  medicine,  in  such  manner  as  to  make  the  same 
injurious  to  health,  he  shall  be  punished  by  imprisonment  in  the  county  jail,  not 
exceeding  one  year,  or  by  fine  not  exceeding  three  hundred  dollars,  and  such  drug 
or  medicine  shall  be  forfeited  and  destroyed. 

1*24<>.  Penalty  for  manufacturing  aduUercUed  or  unwholesome  foods.  No  person 
within  the  Territory  of  New  Mexico  shall  mix,  color,  stain  or  powder  or  permit  any 
other  person  to  mix,  color,  stain  or  powder  any  article  of  food  or  drugs  with  any 
ingredient  or  material  SO  as  to  render  the  article  injurious  to  health,  or  manufacture 
any  article  of  food  which  shall  be  composed  in  whole  or  in  part  of  diseased,  decom- 
posed, offensive  or  unclean  animal  or  vegetable  substance,  with  the  intent  that  the 
same  may  be  sold  in  the  said  territory,  and  no  person  shall  sell  in  the  Territory  of 
Xew  Mexico  any  such  article  so  mixed,  colored,  stained,  powdered  or  manufactured. 
Any  person  violating  this  section  shall  be  guilty  of  a  misdemeanor,  ami  tor  each 
offense  to  befinednot  exceeding  two  hundred  dollars  for  the  first  offense,  and  for 
each  Bnbsequent  offense  qoI  exceeding  three  hundred  dollars,  or  imprisonment  not 

exceeding  one  year,  or  both  in  the  discretion  of   the  court. 

1247.  Injurious  adulteration  or  dilution  of  drugs.  NTo  person  shall,  within  the 
Territory  of  New  Mexico,  except  for  the  purpose  of  compounding  as  hereinafter 
described,  mix,  color,  stain  or  powder,  or  order  or  permit  anj  other  person  to  mix, 
color,  stain  or  powder,  any  drug  w  ith  any  ingredient  or  material  so  as  to  affect  injuri- 
ously the  quality  or  potency  of  such  drug,  with  intent  that  the  same  may  he  sold  in 
the  -aid  Territory  of  New  .Mexico,  and  no  person  shall  sell  any  drug  BO  mixed,  col- 
ored, stained,  or  powdered  under  the  same  penalty  in  each  case  respectively  as  in 
the  preceding  section  for  a  first  and  subsequent  offense. 

1248.  Ignorance  of  presence  of  adulteration.  No  person  shall  he  liable  to  be  con- 
victed under  either  of  the  two  last  foregoing  Sections  in  re-pect  to  the  sale  of  any 
article  of  food  <»r  of  any  din-  it  In-  shows  to  the  satisfaction  of  the  court  before  w  hoin 

he  i-  charged  that  he  did  ict  know  of  the  article  of  food  or  drug  sold  by  him  being 

BO  mixed,  colored,  stained  or  powdered  as  in  either  of  those  sections  mentioned.  ;ind 

that  he  could  not,  with  reasonable  diligence,  have  obtained  that  knowledge. 

1 1?  1 !».   I 'nmi  <>r  drug  must  be  of  quality,  etc.,  demanded;  penalty;  exemptions.     No 

pei-Mii  -hall  sell  in  the  Territory  of   New    Mexico  any  article  of  food  or  drug  which 

is  not  of  the  nature.  Bubstance  ami  quality  of  the  article  demanded  by  any  purchaser, 
and  any  person  violating  this  section  shall  he  guilt}  of  a  misdemeanor,  and  for  the 

|  ITS 


NEW    MEXI<<>.  409 

first  offense  be  fined,  not  exceeding  fifty  dollars,  and  for  each  subsequent  offense  not 
exceeding  one  hundred  dollars,  or  imprisonment  not  exceeding  six  months,  or  both 
in  the  discretion  of  the  court:  Provided,  That  an  offense  shall  not  be  deemed  to  be 
committed  under  this  section  in  the  following  cases,  that  ifi  to  say: 

First.  Where  any  matter  or  ingredient  not  injurious  to  health  has  been  added  to 
the  food  or  drug  because  the  same  is  required  for  the  production  or  preparation 
thereof  as  an  article  of  commerce  in  a  state  fit  for  carriage  or  consumption  and  not 
fraudulently  to  increase  the  bulk,  weight  or  measure  of  the  food  or  drug,  or  conceal 
the  inferior  quality  thereof. 

Second.  Where  the  drug  or  food  is  a  proprietary  medicine. 

Third.    Where  the  food  or  drug  is  compounded  as  authorized  by  this  act. 

Fourth.  Where  tin-  food  or  drug  is  unavoidably  mixed  with  some  extraneous  mat- 
ter in  the  process  of  collection  or  preparation. 

L250.  Compound  foods  or  drugs  must  contain  ingredients  (is  demanded;  penalty.  No 
person  shall  sell  in  the  Territory  of  New  Mexico  any  compound  article  of  food  or 
compounded  drug  which  is  not  composed  of  ingredients  in  accordance  with  the 
demand  of  the  purchaser.  Any  person  violating  this  section  shall  be  guilty  of  a  mis- 
demeanor and  lined  not  exceeding  lifty  dollars:  Provided,  That  DO  person  shall  be 
guilty  of  any  such  offense  as  aforesaid  in  respect  of  the  sale  of  an  article  of  food  or  a 
drug  mixed  with  any  matter  or  Ingredient  not  injurious  to  health  and  not  intended, 
fraudulently,  to  increase  Its  bulk,  weight  or  measure,  or  conceal  its  inferior  quality, 
[f  at  the  time  of  delivering  such  article  or  drug  he  shall  supply  to  the  person  receiv- 
ing the  same  a  notice  by  a  label  distinctly  and  legibly  written  or  printed  on  or  with 
the  article  or  drug,  to  the  effect  that  the  Bame  IS  mixed. 

1251.  Subtraction  of  any  part  of  foods;  penalty.  No  person  shall  in  the  Territory 
mi'  New  Mexico,  with  the  intent  that  the  same  may  be  sold  in  it>  altered  state 
without  notice,  subtract  from  any  article  of  food  any  part  of  it  BO  a-  to  affect  injuri- 
ously its  quality,  substance  or  nature,  and  no  person  .-hall  sell  any  article  so  altered 
without  making  disclosure  of  the  alteration,  ami  any  person  violating  the  provisions 
of  this  section  shall  be  guilty  of  a  mi-demeanor  and  lined  not  exceeding  one  hundred 

doll;.' 

1  -•">-.  Application  of  proviso  muA  fo  proved.  In  any  prosecution  under  this  act, 
where  the  fact  of  an  article  having  been  sold  in  a  mixed  Btate  has  been  proved, 

if  the  defendant  shall  de-ire  t^  rely  upon  proviso  contained  in  this  act,  it  shall  be 
incumbent  upon  him  to  prove  the  same. 

L253.  Tgnorana  of  presence^of  adulteration.  If  the  defendant  in  any  prosecution 
under  this  act,  prove  to  the  satisfaction  of  the  court  that  he  had  purchased  the 
article  in  question  as  the  same  in  nature,  substance  and  quality  as  that  demanded  of 

him   by  the   purchaser,  and  with   a  written  warranty  to  that   effect:  that    he   had  no 

o;i-  .ii  to  believe  at  the  time  when  he  sold  it  that  the  article  was  otherwise;  and  that 
he  Bold  in  the  same  state  a-  w  hen  he  purchased  it.  he  -hall  he  discharged  from  the 

pn  .-edition. 

1254,  Forged  warranties;  penalty.  Any  person  who  shall  forge,  "i  -hall  after 
knowing  it  to  be  forged,  any  certificate  or  any  writing  purporting  to  contain  a  war- 
ranty, as  provided  in  section  one  thousand  two  hundred  and  fifty-three,  shall  be 
guilty  of  a  misdemeanor  and  he  punishable  on  conviction,  by  imprisonment  fori 
term  doI  exceeding  one  year  with  hard  labor. 

\'2't't.  Fuls(  application  of  warranties  or  labels.  Ever]  person  who  -hall  willfully 
apply  to  any  article  of  food  or  a  drug,  a  certificate  of  warrant)  given  in  relation  to 
any  other  article  or  drug,  or  w  ho  shall  give  a  false  warranty  in  w  riting  to  any  pur- 
chaser  in  respect  of  ;m  article  of  food  or  a  drug  -old  by  him  as  principal  or  agent,  or 

who   shall  willfully  give   a    label  with   any  article  sold    l»\    him    which    shall    fal-ely 

describe  the  article  sold  shall  be  guilt}  of  ;l  misdemeanor,  ami  on  conviction  shall 
he  tilled  not  to  exceed  one  hundred  dol 


410  FOODS  AND  FOOD  CONTROL. 

12.jG.  "Food"  and  "drug"  defined.  The  term  food  as  used  in  this  act,  shall 
include  every  article  used  for  food  or  drink  by  man  other  than  drugs  or  water.  The 
term  drug  as  used  in  this  act  shall  include  all  medicines  tor  internal  or  external  use. 

1257.  Exemptions.  The  governor  may  from  time  to  time  declare  certain  articles 
or  preparations  to  he  exempt  from  the  provisions  of  this  act,  and  it  shall  be  the  duty 
of  the  secretary  of  the  territory  to  prepare  and  publish  from  time  to  time  a  list  of  the 
articles,  mixtures  or  compounds  declared  to  be  exempt  from  the  provisions  of  this  act 
in  accordance  with  this  section. 

Compiled  Laws  L897,  \>.  :>::>. 

ALCOHOLIC  BEVERAGES. 

1239.  Any  person  who  shall  adulterate  any  wine,  spirits,  or  other  intoxicating 
liquor,  which  are  for  sale,  by  the  mixture  of  any  deleterious  substance  or  fluid  there- 
with; and  any  person  who  shall  sell  or  offer  for  sale  any  wine,  spirits  or  other  intox- 
icating liquors  that  have  been  adulterated  as  aforesaid,  shall  he,  upon  conviction 
thereof,  fined  in  any  sum  not  less  than  five  dollars  nor  more  than  fifty  dollars. 

Compiled  Laws  1897,  p.  1239. 

WATER. 

Sec.  r>4.   Polluting  imu  r  supplies  unlawful.     It  is  hereby  made  unlawful  for  any 

person  to  casl  the  dead  body  of  any  animal  or  fowd,  or  any  refuse  matter,  such  as 
tin  cans,  paper,  ashes,  bones  or  other  garbage,  into  any  running  stream,  spring,  lake, 
pond,  reservoir,  ditch  or  water  course,  or  to  run  or  empty  any  sewer  or  other  foul 
substance  into  the  same  or  in  any  other  manner  or  means  to  pollute  or  foul  the  said 
water  so  as  to  render  the  same  offensive  or  dangerous  to  the  health  of  the  inhabitants 
of  any  community  or  of  any  person  having  the  righl  to  use  the  same  for  drinking  or 
domestic:  purposes  or  that  may  render  said  waters  unlit  or  unhealthy  for  watering 
stock.  Bui  it  shall  be  the  duty  of  every  person  outside  of  incorporated  towns,  cities 
or  villages,  to  destroy  all  domestic  refuse  and  garbage  by  burning  the  same;  any  vio- 
lation of  this  section,  shall  be  considered  a  misdemeanor  and  punished  as  provided 
by  law. 

As  amended  March  L6,  L899.  Acts  of  L899,  ch.  79,  p.  17-">;  Compiled  Laws  L897, 
ch.  2,  p.  105. 


NEW  YORK. 

The  food  laws  of  New  York  are  administered  by  the  State  depart- 
ment of  agriculture.  In  response  to  a  letter  of  inquiry,  the  following 
communication  was  received  from  Mr.  (i.  L.  Flanders,  the  assistant 
commissioner: 

The  pare  food  law  of  this  state  seems  to  be  producing  fairly  good  results.  The 
principal  points  of  the  law  are:  First,  the  prohibition- against  selling  misbranded  or 
adulterated  food  products.  Second,  that  no  food  product  can  be  sold  that  contains 
any  substance  that  is  harmful  or  deleterious  to  the  consumer.    Third,  the  sale  of 

adulterated  food  products  which  are  not  harmful  is  prohibited  unless  they  are  BO 
branded  or  labeled  as  to  show  the  character  of  the  constituents;  iii  other  words,  the 
intention  is  that  the  purchasing  public  shall  be  made  aware  of  the  constituents  of  the 
commodities  which  they  are  putting  into  their  stomachs.  Since  this  law  has  been 
in  operation  the  labeling  of  food  products  in  this  State  has  undergone  a  great  change. 
I  do  not  say  that  all  persons  doing  business  within  the  state  are  observing  the  stat- 
ute, but  as  a  rule  they  are,  and  the  consumers  are  being  benefited.  At  the  present 
time  we  have  no  suggestions  to  offer  as  to  a  change  Ld  the  statute. 

\KK.\L   Fool)   LAWS. 

I.  sh,,,-/  titi<\    This  chapter  shall  he  known  a-  the  agricultural  law. 

_.  Oommisdoner  of  agriculture;  salary;  assistants,  etc.  There  shall  be  a  department 
of  the  Btate  government  known  as  the  department  of  agriculture,  which  shall  he 
charged  with  the  execution  of  the  laws  relating  t<»  agriculture  and  agricultural  prod- 
ucts. The  commissioner  of  agriculture  shall  he  the  chief  of  the  department  The 
New  York  state  dairy  commissioner  shall  be  the  commissioner  of  agriculture  until 
his  successor  -hall  he  appointed  and  qualified.  The  commissioner  of  agriculture 
shall  he  appointed  by  the  governor,  by  and  with  the  advice  and  consent  of  the 
senate.  His  term  of  office  -hall  he  three  years.  He  shall  he  paid  an  annual  -alary 
of  four  thousand  dollars  and  his  QeceSSary  expenses  not  to  exceed  live  hundred  dol- 
lars incurred    in  the  discharge  of   his  official   duties.      He  may  appoint   a  director  of 

farmers'  institutes  and  such  clerks  and  assistant  commissioners  ami  employ  Mich 
clerks,  chemists,  agents  and  counsel  as  he  may  deem  necessary  for  the  proper  enforce- 
ment of  such  laws  and  the  proper  administration  of  the  department,  who  shall 
receive  such  compensation  as  may  he  fixed  by  him  and  their  neoessar}  exp< 
The  compensation  of  hi-  clerks,  assistants  and  other  persons  employed  by  him  and 

SUCh  :  -hall  he  paid  on  hi-  certificate  h\  the  treasurer  on  the  war- 
rant of  the  comptroller.  All  other  charges,  accounts  and  expense*  of  the  depart- 
ment authorized  by  law  Bhall  he  paid  by  the  treasure!  on  the  warrant  of  the 
comptroller,  after  they  have  been  audit,  d  and  allowed  i>\  the  comptroller.  The 
trustees  of  public  buildings  shall  furnish  suitable  r as  for  the  use  of  the  department 

ill  the  Hew    Capitol. 

'.I.  Inspection  and  sampling.     The  commissioner  of  agriculture,  hisch 
experts,  chemists,  agents  and  counsel  employed  by  him,  -hall  have  full  access  t«>  all 

ill 


412  FOODS  AND  FOOD  CONTROL. 

places  of  business,  factories,  boras,  buildings,  carriages,  cars  and  vessels  used  in  the 
manufacture,  Bale  or  transportation  within  the  state  of  any  dairy  products  or  any 

imitation  thereof,  or  of  any  article  or  product  with  respect  to  which  any  authority  is 
conferred  by  this  chapter  on  such  commissioner.  They  may  examine  and  open  any 
package,  can  or  vessel  containing  or  believed  to  contain,  any  article  or  product,  which 
may  be  manufactured,  sold  or  exposed  for  sale  in  violation  of  the  provisions  of  this 
chapter,  and  may  inspect  the  contents  therein,  and  take  therefrom  sample-  for 
anal]  - 

4.  Expert  butter  and  cheese  makers.  The  commissioner  of  agriculture  may  appoint 
and  employ  not  more  than  five  expert  butter  and  cheese  makers,  who  shall,  under 
his  direction,  examine  and  inspect  butter  and  cheese  factories  and  attend  at  agricul- 
tural fairs,  societies  and  meetings  designated  by  the  commissioner,  to  impart  thereat 
information  as  to  the  best  and  most  approved  method  of  making  butter  and  cheese 
and  improving  the  quality  thereof. 

.").  Annual  report.  The  commissioner  of  agriculture  shall  make  an  annual  report 
to  the  legislature  on  or  before  January  fifteenth,  of  his  work  and  proceedings  for  the 
year  ending  September  thirtieth,  next  preceding  which  shall  include  a  statement  in 
detail  of  the  number  of  assistant  commissioners,  chemists,  experts,  agents,  and  coun- 
sel employed  under  the  provisions  of  this  chapter  during  such  year,  and  their 
compensation,  expenses  and  disbursements;  and  also  a  statement  in  detail  of  the 
expenditures  of  moneys  appropriated  for  the  state  agricultural  society,  the  county 
agricultural  societies  and  the  New  York  agricultural  experiment  station;  and  other 
agricultural  purposes  and  estimates  of  the  amounts  required  for  all  such  purposes  tor 
the  ensuing  year.  He  may  require  the  state  agricultural  society  and  the  county 
agricultural  societies  to  make  reports  to  him  and  prescribe  the  form  of  such  reports. 

(».  Certificate  <>f  <-h<u>'<si  presumptive  rri<lntr<<.  Every  certificate,  duly  signed  and 
acknowledged,  of  a  chemist,  analyst  or  other  expert  employed  by  the  commissioner 
of  agriculture  or  any  analysis,  examination  or  investigation  made  by  such  analyst, 
chemist  or  expert  with  respect  to  any  matter  or  product  which  the  commissioner 
has  authority  to  examine  or  cause  to  be  examined,  shall  be  presumptive  evidence  of 
the  facts  therein  stated. 

7.  Evidence;  principal's  liability  for  act  of  agent.  The  doing  of  anything  prohibited 
by  this  chapter  shall  be  evidence  of  the  violation  of  the  provisions  of  this  chapter 
relating  to  the  thing  so  prohibited,  and  the  omission  to  do  anything  directed  to  be 
done  shall  be  evidence  of  a  violation  of  the  provisions  of  the  chapter  relative  to  the 
things  so  directed  to  be  done.  The  intent  of  any  person  doing  or  omitting  to  do  any 
such  act  is  immaterial  in  any  prosecution  for  a  violation  of  the  provisions  of  this 
chapter.  Any  person  who  suffers,  permits  or  allows  any  violation  of  the  provisions 
of  this  chapter  by  his  agenl  or  servant  or  in  any  room  or  building  occupied  or  con- 
trolled by  him,  shall  be  deemed  a  principal  in  snch  violation  and  liable  accordingly. 

s.  Prosecution  for  penalties.  Whenever  the  commissioner  of  agriculture  shall  know 
or  have  reason  to  believe  that  any  penalty  has  been  incurred  by  any  person  for  a 

violation  of  any  of  the  provisions  of  this  chapter,  or  that  any  sum  has  been  forfeited 
by  reason  of  any  such  violation,  he  may  cause  an  action  or  proceeding  to  be  broughl 

in  the  name  of  the  people  for  the  recovery  of  the  same. 

\).  Disposal  of  finest  </<•.  One-half  of  all  moneys  recovered,  either  as  penalties,  for- 
feitures or  otherwise,  for  the  violation  of  any  of  the  provisions  of  this  chapter,  and 

from  lines  imposed  as  a  punishment  for  any  criminal  offense  committed  in  violation 
of  the  provisions  of  this  chapter,  or  of  the  penal  code  relating  to  the  punishment  of 
criminal  offenses  committed  in  violation  of  the  provisions  of  law  for  the  prevention 
of  frauds  in  the  manufacture  or  -ale  of  any  of  the  articles  or   products  to  which   this 

chapter  relate-,  shall  be  paid  by  the  court  or  the  clerk  thereof  to  the  city  or  county 

where  the  recovery  -h;ill  be  had  or  line  collected,   for  the  benefit  of  the  poor  of  -inh 

city  or  county,  excepl  in  the  city  and  county  of  \Vw  York  and  the  city  of  Brooklyn, 


NEW    YORK.  413 

where  the  same  shall  be  paid  to  the  proper  authorities,  and  equally  divided  by  them 
between  the  pension  funds  of  the  police  and  fire  departments.  The  residue  of  such 
moneys  shall  be  paid  into  the  treasury  of  the  state,  and  paid  out  by  the  treasurer, 
upon  the  warrant  of  the  comptroller,  for  the  purpose  of  defraying  the  expenc 
the  department  of  agriculture,  audited  by  the  comptroller.  The  same  disposal  shall 
be  made  of  all  moneys  recovered  upon  any  bond  given  by  any  officer  by  virtue  of 
the  provisions  of  this  chapter. 

10.  Injunctions.  In  an  action  in  the  supreme  court  for  the  recovery  of  a  penalty 
or  forfeiture  incurred  for  the  violation  of  any  of  the  provisions  of  this  chapter  an 
application  may  be  made  on  the  part  of  the  people  to  the  court  or  any  justice  thereof 
for  an  injunction  to  restrain  the  defendant,  his  agents  and  employes  from  the  further 
violation  of  such  provisions.  The  court  or  justice  to  whom  such  application  may  be 
made,  shall  grant  such  injunction  on  proof,  by  affidavit,  that  the  defendant  bas  been 
guilty  of  the  violations  alleged  in  the  complaint,  or  of  a  violation  of  any  such  provi- 
sion subsequent  to  the  commencement  of  the  action,  and  in  the  same  manner  as 
injunctions  are  usually  granted  under  the  rules  and  practice  of  the  court.  No  security 
on  the  part  of  the  plaintiff  shall  be  required,  and  costs  of  the  application  may  be 
granted  or  refused  in  the  discretion  of  the  court  or  justice,  li  the  plaintiff  shall 
recover  judgment  in  the  action  for  any  penalty  or  forfeiture  demanded  in  the  com- 
plaint, the  judgment  shall  contain  a  permanent  injunction,  restraining  the  defendant, 
his  agents  and  employe-,  from  any  further  violation  of  such  provision  of  this  chapter. 
Any  injunction,  order  or  judgment  obtained  under  this  section  may  be  served  on  the 
defendant  by  posting  the  same  upon  the  outer  door  of  the  defendant's  usual  place  of 
business,  or  where  Mich  violation  was  or  may  be  committed,  or  in  the  manner 
required  by  the  code  of  civil  procedure,  and  the  rules  ami  practice  of  ill,,  court. 
Personal  service  of  the  injunction  shall  not  be  necessary  when   such  service  can  not 

uredwith  reasonable  diligence,  but  the  service  herein  provided  shall  be  deemed 
sufficient  in  any  proceeding  for  the  violation  of  such  injunction. 

11.  Prosecution  not  compelled  to  elect  between  counts.  In  an  action  for  a  penalty  or 
forfeiture  incurred  by  reason  of  the  violation  of  the  provisions  of  this  chapter,  when 
the  complaint  charges  a  violation  of  any  two  or  all  of  such  provisions,  the  plaintiff 

shall   not   be  compelled    to  elect   between  t  he  counts  under   such    different    provisions, 

but  -hall  be  entitled  to  recover  if  it  is  found  that  a  violation  of  any  one  of  such  pro- 
visions has  been  committed  for  which  a  penalty  or  forfeiture  i-  imposed. 

12.  Method  of  sampling  <ni<i  ninth/sis,  especially  of  milk.  When  the  commissioner  of 
agriculture,  an  assistant  commissioner,  or  any  person  or  officer  authorized  by  the 
Commissioner,  or  by  this  chapter,  to  examine  or  inspect  any  product  manufactured 
or  offered  for -tie -hall  in  discharge  of  bis  duties  take  Bamples  of  such  product,  he 
shall  before  taking  a  Bample,  request  the  person  delivering  the  milk  or  who  has 

e  of  it  at  the  time  ..f  inspection,  to  thoroughly  stir  or  mi\  the  said  milk  before 
t  In- -ample  i- taken,     [f  the  person  bo  in  charge  refuses  t"  stir  or  mix  the  milk  as 
requested,  then  the  person  bo  requesting  shall  himself  bo  stir  and  mix  the  milk  1 
taking  th«-  sample,  and  the  defendant  shall  thereafter  be  precluded  from  introducing 

evidence  to  Bh0W  that  the  milk  BO  taken  wafl  not  a  fair  sample  of  the  milk  deli \  er.  d. 

sold,  offered  or  exposed  for  -ale  by  him.     The  person  taking  the  sample  of  milk  for 

analysis  shall  take  duplicate  samples  thereof  in  the  presence  of  at  least  "lie  w   • 

ami  he  shall  in  the  presence  of  -u.-h  uitnes-  seal  both  of  Buch  Bamples,  and  Bhall 
tender,  and.  if  accepted,  deliver  at  the  time  of  taking  one  -ample  to  the  manufacturer 
or  vendor  of  such  product,  or  \>>  the  person  having  custody  of  the  same,  with  a 
inent  in  writing  of  the  cause  of  the  taking  of  the  sample.  In  taking  Bamples  of  milk 
for  analysis  al  a  creamery,  factory,  platform  or  other  place  where  the  -a me  i-  deliv- 
ered by  the  producer  for  manufacture,  -ale  or  shipment,  or  from  ;i  milk  vendor  who 

produces  the  milk  which  he  sells,  with  a  vi<  -  cuting  the  producer  of  such 

milk  for  delivery,  Belling  or  offering  for  sale  adulterated  milk,  t ! 


414  FOODS    AND    FOOD    CONTROL. 

of  agriculture  or  assistant  or  his  agent  or  agents  shall  within  ten  days  thereafter, 
with  the  consent  of  the  said  producer,  take  a  sample  in  a  like  manner  of  the  mixed 
milk  of  the  herd  of  cows  from  which  the  milk  first  sampled  was  drawn  and  shall 
deliver  the  duplicate  sample  to  the  said  producer  and  shall  cause  the  sample  taken 
by  himself  or  his  agent  to  be  analyzed.  If  the  sample  of  milk  last  taken  by  the 
commissioner  of  agriculture  or  his  agent  or  agents  shall  upon  analysis  prove  to  con- 
tain no  higher  percentage  of  milk  solids,  or  no  higher  percentage  of  fat  than  as  the 
sample  taken  at  the  creamery,  factory,  platform  or  other  place,  then  no  action  shall 
lie  against  the  said  producer  for  violation  of  subdivisions  one,  two,  three,  seven  and 
eight  of  section  twenty  of  the  agricultural  law.  In  taking  a  second  sample  as  above 
sel  forth  from  the  mixed  milk  of  the  herd,  it  shall  be  the  duty  of  the  commissioner 
of  agriculture  to  have  an  assistant,  agent  or  agents  present  during  the  entire  time  in 
which  the  said  cattle  are  being  milked  to  observe  closely  so  as  to  be  sure  that  the 
milk  thus  to  be  sampled  is  not  adulterated  and  to  see  that  it  is  thoroughly  mixed  so 
that  the  sample  taken  shall  be  a  fair  sample  of  the  average  quality  of  the  mixed  milk 
of  the  entire  dairy  or  herd  of  cows  of  said  producer.  If,  however,  the  said  producer 
refuses  to  allow  such  examination  of  the  milk  produced  by  his  dairy  then  he  shall 
be  precluded  from  offering  any  evidence  whatever  tending  to  show  that  the  milk 
delivered  by  him  at  the  said  creamery,  factory,  platform  or  other  place  was  just  as 
it  came  from  the  cow.  If  the  said  producer  does  permit  such  examination  the  com- 
missioner of  agriculture  shall,  upon  receiving  application  therefor,  send  to  said  pro- 
ducer a  copy  of  the  analysis  of  each  of  the  samples  of  milk  so  taken  and  analyzed  as 
above  provided. 

Laws  of  1893,  ch.  338;  Cumming  and  Gilbert's  General  Laws  and  other  General 
Statutes,  1901,  vol.  1,  art.  1,  pp.  159-166. 

29a.  Coloring  matter  in  foods.  No  person  or  persons  shall  manufacture,  sell  or 
expose  for  sale  any  poisonous  coloring  matter  for  the  coloring  of  food  products  of 
any  kind,  nor  shall  any  person  or  persons  use  any  poisonous  coloring  matter  manu- 
factured, sold,  offered  or  exposed  for  sale  within  this  state;  nor  shall  any  person  or 
persons  sell,  offer  or  expose  for  sale  any  food  product  containing  such  poisonous 
coloring  matter.  The  state  board  of  health  shall  cause  samples  of  coloring  matter 
that  an-  exposed  for  sale  upon  the  market  for  use  in  food  products  to  he  analyzed 
and  report  the  results  of  such  analysis  to  the  legislature  at  the  next  session. — As 
amended  by  Laws  <>/  1899,  ch.  518,  p.  ■/ -. 

Laws  of  1893,  ch.  •';■'!*;  Cumming  and  Gilbert's  General  Laws  and  other  General 

Statutes,   1901,   vol.   1,  art.  2,  ]>.    17::. 

1.  Settlement  of  claims  under  agricultural  lair.  The  commissioner  of  agriculture, 
subject   to  the  approval  in  writing  of  the  governor  and   attorney-general,  is   hereby 

authorized  and  empowered  to  settle,  compromise  and   discharge  all  actions  and 

causes  of  actions,  or  claims  arising  under  the  agricultural  law  since  its  passage  to  the 

ige  of  this  act  for  any  violation  of  sections  twenty-six,  twenty-seven,  twenty- 
eight,  and  twenty-nine  of  the  agricultural  law  relating  to  the  sale  or  use  of  oleo- 
margarine, BO  ••ailed. 

*2.    Disposal  of  moneys.      All  money-  received  pursuant  to  any  such  settlement  shall 

l>e  paid  by  said  commissioner  into  the  treasury  of  the  state;  and  any  settlement 
made  pursuant  to  this  act  shall  he  reported  by  the  said  commissioner  in  his  next 

annual  report. 

Approved  March  i.  L895.     Laws  of  i  v»r»,  ch.  70;  Cumming  and  Gilbert's  Law- an. 1 
other  General  Statutes  L901,  vol.  L  p.  216. 
[Note.     For  penalty  section  of  agricultural  law  see  Dairy  Products,  p,  426,  sec.  37.  ] 


NEW    YORK.  415 

40.  Food  and  drugs  defined.  The  term,  food,  when  used  herein,  shall  include  every 
article  of  food  and  every  beverage  used  by  man  and  all  confectionery;  the  term,  drug, 
when  so  used  shall  include  all  medicines  for  external  and  internal  u& 

41.  Adulterations  defined.  No  person  shall,  within  the  state,  manufacture,  produce, 
compound,  brew,  distill,  have,  sell  or  offer  for  sale  any  adulterated  food  or  drug. 
An  article  shall  be  deemed  to  be  adulterated  within  the  meaning  of  this  act:  A.  In 
the  case  of  drugs: 

1.  If  when  sold  under  or  by  a  name  recognized  in  the  United  States  pharmacopeia, 
it  differs  from  the  standard  of  strength,  quality  or  purity  laid  down  therein. 

2.  If,  when  sold  under  or  by  a  name  not  recognized  in  the  United  States  pharma- 
copeia, but  which  is  found  in  some  other  pharmacopeia  or  other  standard  work  on 
materia  medica,  it  differs  materially  from  the  standard  of  strength,  quality  or  purity 
laid  down  in  such  work. 

3.  If  its  strength  or  purity  fall  below  the  professed  standard  under  which  it  is  sold. 

4.  If  it  contains  methyl  or  wood  alcohol,  in  any  of  its  forms,  or  any  methylated 
preparation  made  from  it. 

B.  In  the  case  of  food: 

1.  If  any  substance  or  substances  has  or  have  been  mixed  with  it  so  as  to  reduce 
or  lower  or  injuriously  affect  its  quality  or  strength. 

2.  If  any  inferior  or  cheaper  substance  or  substances  have  been  substituted  wholly 
or  in  part  for  the  article. 

3.  If  any  valuable  constituent  of  the  article  has  been  wholly  or  in  part  abstracted. 

4.  If  it  be  an  imitation  or  be  sold  under  the  name  of  another  article. 

5.  If  it  consist-  wholly  or  in  part  of  diseased  or  decomposed  or  putrid  or  rotten 
animal  or  vegetable  substance,  whether  manufactured  Or  not,  or  in  the  case  of  milk, 
if  it  is  the  produce  of  a  diseased  animal. 

6.  If  it  be  colored,  or  coated,  or  polished,  or  powdered,  whereby  damage  is  con- 
cealed, or  it  is  made  to  appear  better  than  it  really  is.  or  of  greater  value. 

7.  If  it  contain  any  added  poisonous  ingredient,  <>v  any  ingredient  which  may  ren- 
der such  article  injurious  to  the  health  of  the  person  consuming  it.  Provided  that 
an  article  of  food  which  does   not   contain   any  ingredient   injurious  to  health,  shall 

n<>t  be  deemed  to  have  been  adulterated,  in  the  case  of  mixtures  or  compounds  which 

may  be  now,  or  from  time  to  time  hereafter,  known  as  articles  of  food  under  their 
own  distinctive  names,  ->r  which  shall  be  labeled  BO  as  lo  plainly  indicate  that  they 
are  mixtures,  combinations,  compounds  or  blends,  and  not  included  in  definition 
fourth  of  this  Bection. 

8.  If  it   contains   methyl   or  wood   alcohol    in  any  of  it-  forms,  or  an\    methylated 

preparation  made  from  it. 

C.  In  the  case  of  BpiritUOUS,  fermented  and  malt  liquors,  if  it  contain  methyl  or 
wood  alcohol  in  any  of  its  forms,  or  any  substance  or  ingredient  not  norma]  or  health- 
ful to  exist  in  Bpirituous,  fermented  or  malt  liquors,  or  which  may  be  deleterious  or 
detrimental  to  health  when  Buch  liquors  are  used  as  a  beverage,     in  the  case  of  ale 

or  he.  r,  if  it  contains  any  substitute  for  hops,  or  pure  extract  of  hops,  or  if  any  BUCh 
substitute  is  used  in  the  manufacture  thereof. 

D.  In    the   ca-e   of   confectionery,  if  it    contains   terra    alba,  barytes,  talc   or  other 

mineral  Bubstance  or  poisonous  color-  or  flavors,  or  other  ingredients  deleterious  or 

detrimental   to   health.      If  the  standard   of  any   article  of  food   or  any   drug  if 
established  in  a  national  pharmacopeia,  the  State  board     of   health  shall,  from   time 
to  time,  fix  the  limit  for  variability  permissible  therein.      The  state  board   '  of  health 
may,  from  time  t,,  time,  with  the  appne,  a  I  or  the  governor,  declare  what  artic  ■ 

preparations  .shall  be  exempt  from  the  provisions  of  this  article,  and  publish  ■  list  of 
Such  articles  which  shall  thereaftei  n  violating  any  pro- 

vision  of  this  section  shall  forfeit  to  the  people  of  the  state  the  sum  of  one  hui 

I  department 

loon     \.. ,66   :  '   i    06  — 4 


4 It)  Foods    AND    FOOD    CONTROL. 

dollars  for  every  such  violation. — As  amended  March  SI,  190$,  Laws  of  1905,  voL  1, 
ch.  122,  pp.  188-184. 

Laws  of  1893,  ch.  661;  dimming  and  Gilbert's  General  Laws  ami  other  General 
Statutes  1901,  vol.  2,  pp.  2894-2895. 

4*2.  Duties  of  state  department  of  health  in  respect  to  adulteration*.  The  state  depart- 
ment of  health  shall  take  cognizance  of  the  interests  of  the  public  health  as  affected  by 

the  Bale  or  use  of  food  and  drags  and  the  adulterations  thereof,  and  make  all  necessary 
inquiries  and  investigations  relating  thereto.  It  shall  appoint  such  public  analysts, 
chemists  and  inspectors  as  it  may  deem  necessary  for  that  purpose,  and  revoke  any 
such  appointment  whenever  it  shall  deem  the  person  appointed  incompetent,  or  his 
continuance  in  the  service  for  any  reason  undesirable.  It  shall,  from  time  to  time, 
adopt  such  measures  and  make  such  regulations  and  declarations,  in  addition  to  the 
provisions  of  this  article,  as  may  seem  necessary  to  enforce  or  facilitate  the  enforce- 
ment of  this  article,  or  for  the  purpose  of  making  an  examination  or  analysis  of  any 
food  or  drug  sold  or  exposed  for  sale  in  the  state,  and  all  such  regulations  and  declara- 
tions made  in  any  year  shall  be  filed  in  the  office  of  the  secretary  of  state  and  pub- 
lished in  the  session  laws  first  published  after  the  expiration  of  thirty  days  from  such 
filing. — As  amended  April  28,  1904.     Laws  of  1904,  vol  9,  ch.  484,  p.  i 

14.  Samples  to  &<  furnished.  Every  person  selling,  or  offering,  or  exposing  for 
sale  or  manufacturing  or  producing  any  article  of  food,  or  any  drug,  shall  upon  ten- 
der of  the  value  thereof,  furnish  any  analyst,  chemist,  officer  or  agent  of  the  state 
department  of  health  or  of  any  local  board  of  health,  with  a  sample  oi  any  such 
article  or  drug,  sufficient  for  the  purpose  of  analysis  or  test.  For  every  refusal  to 
furnish  the  same,  the  person  so  refusing  shall  forfeit  to  the  people  of  the  state  the 
sum  of  one  hundred  dollars. 

8bc.  50.  Report  t<>  (fistri<-t  attorney.  Upon  discovering  any  violation  of  the  pro- 
visions of  the  penal  code  relating  to  the  adulteration  of  foods  and  drugs,  the  state 
department  of  health  shall  immediately  communicate  the  facts  to  the  district  attor- 
ney of  the  county  where  the  violation  occurred,  who  shall  thereupon  forthwith  com- 
mence proceedings  for  the  indictment  and  trial  of  the  person  charged  with  such 
violation.  Nothing  in  this  article  shall  be  construed  to  in  any  way  repeal  or  affect 
any  of  the  provisions  of  chapter  one  hundred  and  eighty-three  of  the  law-  oJ 
eighteen  hundred  and  eighty-five,  or  the  acts  amendatory  thereof  or  supplemental 
thereto,  or  of  chapter  live  hundred  and  fifteen  of  the  laws  of  eighteen  hundred  and 
eighty-nine,  nor  to  prohibit  the  coloring  of  butter  made  from  milk,  the  product  of 

the  dairy  or  the  cream  from  the  same  with  coloring  matter  which  is  not  injurious  to 

health.— As  amended  April  88,  1904,  Laws  of  1904,  vol.  P,  portion  of ch.  I84>p.  t2S8. 

Chimming  and  Gilbert's  General  Laws  and  other  General  Statutes,  Supplement 
L904,  vol.  4,  pp.  883  684. 

H»l.  Prohibition  of  adulterated  <>r  misbranded  food.  No  person  or  persons,  (inn, 
association  or  corporation  shall  within  this  state,  manufacture,  produce,  Bell,  offer  or 

-  for  sale  any  article  Of  food  which   is  adulterated   or   mishrande. I  within   the 

meaning  of  this  act.    The  term  food  as  used  herein  shall  include  all  articles  used  for 
food,  confectioner)  or  condiments  by  man  whether  simple,  mixed  or  compound. 
!(>.">.   Definition  of  adulterated  <>r  misbranded  food.     In  the  case  ol  confectionery,  an 

article  shall  he  deemed  to  he  adulterated  if  it  contain  terra  alba,  harvtes,  talc,  chrome 

yellow,  or  other  mineral  Bubstances  or  poisonous  colors  or  flavors,  or  other  ingredi- 
ents deleterious  or  detrimental  to  health.     In  the  case  of  food  an  article  shall  be 
deemed  to  he  adulterated: 
First,   if  any  substance  or  Bubstances  has  or  have  been  mixed  or  packed  with  it  so 

:i      to   reduce   or    lower   or    injuriously   affect    its   quality    or    strength,    so    that    such 
product,  w  hen  offered  lor  -ale,  shall  deceive  or  tend  to  deceive  the  purchaser. 


NEW    YORK.  417 

Second.  If  any  substance  or  sul  stances  bas  or  have  beeo  substituted  wholly  or  in 
part  for  the  article,  so  that  the  product,  when  Bold  or  offered  for  sale,  shall  deceive 
or  tend  to  deceive  the  purchaser. 

Third.  If  any  valuable  constituent  of  the  article  has  been  wholly  <>r  in  part 
abstracted,  BO  that  the  product,  when  sold  or  offered  for  Bale,  -hall  deceive  or  tend 
to  deceive  the  purchaser. 

Fourth.  If  it  contains  any  added  im d-< >n< >us  ingredient  or  any  ingredient  which 
may  render  such  article  injurious  to  the  health  of  the  person  consuming  it. 

Fifth.  If  it  consists  in  whole  or  in  part  of  a  filthy,  decomposed,  or  putrid  animal 
or  vegetable  vSiibstance,  or  any  portion  of  an  animal  unfit  fur  food,  whether  manu- 
factured or  not,  or  if  it  is  the  product  of  a  diseased  animal,  or  one  that  has  died 
otherwise  than  by  slaughter." 

Sixth.  If  it  contains  methyl  or  wood  alcohol,  in  any  of  its  forms,  or  any  methyl- 
ated preparation  made  from  it. 

An  article  of  food  shall  be  deemed  to  be  misbranded: 

First.  If  it  be  an  imitation  of  or  offered  for  sale  under  the  distinctive  name  of 
another  article. 

ond.  If  it  be  mixed,  colored,  powdered,  or  stained  in  a  manner  whereby  dam- 
age or  inferiority  is  concealed,  so  that  such  product,  when  sold  or  offered  for  sale, 
shall  deceive  or  tend  to  deceive  the  purchaser. 

Third.  If  the  package  containint;  it  or  its  label  shall  bear  any  statement  regarding 
the  ingredients  or  the  substances  contained  therein,  which  statement  shall  be  false  or 
misleading  in  any  particular,  or  if  the  same  is  falsely  branded  as  to  the  state  or  terri- 
tory in  which  it  is  manufactured  or  produced:  Provided,  That  an  article  of  food 
which  does  not  contain  any  added  poisonous  or  deleterious  ingredients  shall  not  be 
deemed  to  be  adulterated  Or  in bhranded  in  the  following  Cases: 

First  In  the  case  of  mixtures  or  compounds  which  may  be  now  or  from  time  to 
time  hereafter  known  as  articles  of  food,  under  their  own  distinctive  names,  and  not 
included  in  definition  first  of  misbranded  articles  of  food  in  this  section. 

rod.  In  the  case  of  articles  labeled,  branded,  or  tagged  so  a-  to  plainly  indicate 
that  they  are  mixtures,  compounds,  combinations,  imitations,  or  blends:  Provided, 
that  the  Bame  -hall  he  labeled,  branded.  «,r  tagged  90  a-  to  show  the  character  and 
constituents  thereof :  and  provided  further,  that  nothing  in  this  act  shall  be  construed 
a-  requiring  or  compelling  proprietors  or  manufacturers  of  proprietary  foods  which 
contain  qo  unwholesome  added  ingredients  to  disclose  their  trade  formulas,  except 
in  so  far  ;i-  the  pn>\  isions  of  this  art  may  require  to  secure  freedom  from  adulteration 
or  imitation.  — As  amended  M<irr}<  /;,  t905,  Laws  of  1905,  vol.  /.  ch.  khk  i>/>.  /;■ 

Added  to  Laws  of  1893,  eh.  338,  by  haw-  of  L903,  vol.  2,  ch.  524,  p.  L191;  Cam- 
ming and  Gilbert' e  General   haws  and  other  Genera]  Statutes,  Supplement   1904, 

vol.  i.  art.  11.  pp.  40-42. 

ALCnilnldc  BEVERAG1  - 
18.  Analysis  "j  spirituous,  fermented  <>r  mult  liquors.     The  state  department   of 

health  shall  at    Least  Once  in  each  calendar  year  cause  .-ample-  to  be  procured  in  the 

public  market  or  otherwise  of  the  spirituous,  fermented  or  mall  liquors,  distilled, 
brewed,  manufactured,  sold  or  offered  for  sale  in  each  brewery  and  distillery  L< 
in  tin  3uch  samples  shall  be  kept  in  vessels  in  a  condition  to  obtain  a  proper 

te-t  and  analysis  thereof.    Such  v(  dl  he  properly  labeled  and  numbered, 

and  an  accurate  list  kept  of  the  names  of  the  distillers,  brewers  and  vendors  of  the 

liquors    from    which    the  samples  were  taken,  and  Opposite  each    name  shall   appear 
the   number  which  ifl  written  or  printed  eii  the  label  attached  to  the  vessel   contain- 


so  (  M-ueral   Pood   Law  9,  p.    1  16,  -ee.    II  C. 


■418  FOODS    AXD    FOOD    CONTROL. 

ing  the  sample.  Such  lists,  numbers  and  labels  shall  be  exclusively  for  the  informa- 
tion of  such  department  and  shall  not  be  disclosed  or  published  unless  upon  discov- 
ery of  some  deleterious  substance  therein  prior  to  the  completion  of  the  analysis  or 
required  in  evidence  in  court.  When  listed  and  numbered,  every  such  sample  shall 
be  delivered  to  an  analyst,  chemist  or  officer  of  the  department  and  shall  be  desig- 
nated and  known  to  him  only  by  its  number,  and  by  no  other  mark  or  designation. 
-•  or  analysis  of  such  sample  shall  be  made  by  such  analyst,  chemist  or  officer, 
which  will  determine  the  ingredients  or  component  parts  thereof.  The  result  of 
such  test  or  analysis  shall  be  immediately  reported  by  the  person  making  the  same 
to  the  department  setting  forth  explicitly  the  nature  of  any  deleterious  substance, 
compound  or  adulteration  found  therein  which  may  be  detrimental  to  public  health, 
and  the  number  of  samples  in  which  it  was  found.  Any  brewer,  distiller  or  vendor 
in  whose  samples  any  such  substance,  compound  or  adulteration  is  found  upon  any 
such  test  or  analysis,  shall  be  deemed  to  have  violated  the  provisions  of  this  article, 
prohibiting  the  manufacturing,  having,  selling  or  offering  for  sale  adulterated  food. — 
As  amended  April  188,  1904,  Laws  of  1904,  vol.  0,  ch.  484,  v-  '  ■ 

Cumming  and  Gilbert's  General  Laws  and  other  General  statutes,  Supplement 
1904,  vol.  4,  pp.  683-684. 

4(1.  Adulteration  of  wines.  All  wines  containing  alcohol,  except  such  as  shall  be 
produced  by  the  natural  fermentation  of  pure  undried  fruit  juices  or  compounded 
with  distilled  spirits,  whether  denominated  as  wines  or  by  any  other  name,  which 
may  be  used  as  a  beverage  or  compounded  with  other  liquors  intended  for  such  use, 
and  all  compounds  of  the  same  with  pure  wine,  and  all  preserved  fruit  juices  com- 
pounded with  substances  not  produced  from  undried  fruit  in  the  nature  of  or 
intended  for  use  as  a  beverage,  or  for  use  in  the  fermentation  or  preparation  of 
liquors  intended  for  such  use,  and  all  wines,  imitations  of  wines  or  other  bev. 
produced  from  fruit,  which  shall  contain  any  alum,  baryta  salts,  caustic  lime,  car- 
bonate of  soda,  carbonate  of  potash,  carbonic  acid,  salts  of  lead,  glycerine,  Balic  acid, 
or  any  other  antiseptic,  coloring  matter,  not  produced  from  undried  fruit,  artificial 
flavoring,  essence  of  ether,  methyl  or  wood  alcohol,  in  any  of  its  forms,  or  any  other 
foreign  substance  injurious  to  health,  shall  be  known  as  or  deemed  to  be  adulterated 
wine,  and  shall  not  be  sold,  offered  for  sale  or  manufactured  with  intent  to  sell 
within  this  state;  and  all  such  wine  and  every  such  beverage  shall  be  deemed  a  pub- 
lic nuisance  ami  forfeited  to  the  state  ami  shall  be  summarily  seized  and  destroyed 
by  any  health  officer  within  whose  jurisdiction  it  shall  be  found,  and  the  reasonable 
expense  of  such  seizure  ami  destruction  shall  be  a  county  charge.  -As  amended 
March  SI,  1905,  Laws  of 1905,  vol.  J,  ch.  J.'.',  }>.  is',. 

47.  J'xrr  wine  defined.  For  the  purpose  of  this  article,  pure  wine  shall  be  deemed 
to  mean  the  fermented  juice  of  undried  grapes  or  other  undried  fruits,  but  the  addi- 
tion of  pure  sugar  to  perfect  the  wine  or  of  pure  distilled  Bpirits  to  preserve  it,  not  to 

exceed  eight  per  cent  of  its  volume,  or  the  use  of  things  necessary  to  clarify  and  line 
the  wine  not  injurious  to  health  shall  not  be  construed  as  adulteration,  if  such  pure 
wine  shall  contain  at  ieasl  .-evenly-live  per  cent  of  pure  grape  or  other  undried  fruit 
juice. 

Is.  Half  wine  and  made  wine  defined;  stamps  mid  labels.     For  the  purpose  of  this 

article,  any  wine  which  contains  less  than  Seventy -five  ami  more  than  fifty  per  cent 
of  pure  grape  or  other  undried  fruit  juice  and  is  otherwise  pure  shall  he  known  as 

half  wine,  and  upon  each  and  every  package  of  BUCh  wine  manufactured  with  the 
intent  to  sell,  or  sold  or  offered  fur -ale  by  any  person  within  this  state,  if  contain- 
in-  more  than  three  gallons,  there  shall  he  stamped  on  both  ends  of  the  package  con- 
taining t  he  same  in  black  printed  letters,  at  least  one  i nch  in  height  and  of  proper 
proportion  in  width,  the  words  "  half  wine;"  and  if  containing  more  than  one  quart 
and   not  more  than   three  gallons,  there  shall  he  stamped  on  each   package  in  plain 


NEW    YOKK.  419 

printed  black  letters,  at  least  one-half  inch  high  and  of  proper  proportion  as  to  width, 
the  words  ''half  wine;"  and  if  in  a  package  or  bottle  of  one  quart  or  less,  then-  shall 
be  placed  a  label  securely  pasted  therein,  having  the  words  "half  wine"  plainly 
printed  in  black  letter.-  at  least  one-quarter  of  an  inch  high  and  of  proper  proportion 
as  to  width.  If  any  number  of  small  packages  is  inclosed  in  a  larger  package,  a-  a 
box,  barrel,  case  or  basket,  such  outside  package  .-hall  have  thereon  the  stamp  "half 
wine"  in  letters  of  a  si/.e  according  to  the  size  of  such  outer  package.  Every  per>. >n 
who  shall  sell,  offer  for  sale,  or  manufacture  with  the  intent  to  sell,  within  the  state 
any  wine  containing  less  than  fifty  per  centum  of  pure  grape  or  other  undried  fruit 
juice  ami  otherwise  pure,  shall  cause  all  the  packages  containing  the  same  to  be 
stamped,  marked  and  labeled  with  the  words  "made  wine"  in  the  same  manner  as 
"half  wine-'  i-  required  in  this  section  to  be  stamped,  marked  and  labeled,  and  all 
such  wine  shall  be  known  and  sold  as  ''made  wine." 
4-J).  Penalties.  Every  person  who  manufactures  with  intent  to  sell,  sells  or  offers 
le  within  the  state,  any  wine  of  a  kind  or  character,  the  manufacture,  sale  or 
offering  for  sale  of  which  is  prohibited  by  this  article,  or  which  is  not  stamped, 
marked  or  labeled  as  required  by  this  article,  shall  forfeit  to  the  county  wherein  such 
manufacture,  sale  or  offering  for  sale  takes  place,  the  sum  of  one-half  dollar  for  each 
gallon  the;  1  or  manufactured  with  the  intent  to  sell.     The  provisions  of 

the  three  preceding  sections  of  this  article  shall  not  apply  to  medicated  wines  which 
are  put  up  and  sold  for  medical  purposes  only. 

haws  of  L891,  ch.  661;  Gumming  and  Gilbert's  General  haws  and  other  General 
Statute-.  L901,  vol.  2,  p]  $99. 

BREAD. 

1 11.  Drainage  "ml  plumbing  of  buildings  and  rooms  occupied  by  bakeries.  All  build- 
ings Or  rooms  occupied  as  biscuit,  bread,  pie  or  cake  bakeries,  shall  be  drained  and 
plumbed  in  a  manner  conducive  to  the  proper  and  healthful  sanitary  condition 
thereof,  and  shall  be  constructed  with  air  shafts,  windows  or  ventilating  pipes,  suffi- 
cient  to  insure  ventilation.  The  factory  inspector  may  direct  the  proper  drainage, 
plumbing  and  ventilation  of  such  rooms  or  buildings.  No  cellar  or  basement,  not 
now  used  for  a  bakery  shall  hereafter  be  -..  occupied  or  used,  unless  the  proprietor 
shall  comply  with  the  sanitary  provisions  of  this  article. 

1 12,  Requirements  as  to  rooms,  furniture,  utensils  and  manufactured  products.  Every 
room  used  for  the  manufacture  of  Hour  or  meal  food  products  shall  be  at  least  eight 
feet  in  height  and  shall  have,  if  deemed  necessary  by  the  factory  inspector,  an 
impermeable  floor  constructed  of  cement,  or  i<i  tiles  laid  in  cement,  or  an  additional 
flooring  of  wood  properly  saturated  with  linseed  oil.  The  side  wall-  of  such  rooms 
shall  be  plastered  or  wainscoted.  The  factory  inspector  may  require  the  Bide  walls 
and  ceiling  to  be  whitewashed,  at  least  once  in  three  month.-,  lie  may  also  require 
the  wood  work  of  Mich  walls  to   be  painted.      The  furniture  and   uteti.-il-  -hall  !>,•  BO 

idily  cleansed  and  m>t  prevent  the  proper  cleaning  of  any  part 
of  a  r ii.      The  manufactured  flour  or  meal  f 1  products  shall    he  kept    in  dry  and 

airj  r ii-  -o  arranged  that  the  floors,  shelves  ami  all  other  facilities  for  storing  the 

same  can  he  properly  cleaned.     No  domestic  animals,  exc<  all  heal, 

to  remain  in  a  room  used  a- a  biscuit,  bread,  pi<  >m  in 

such  bakery  where  flour  or  meal  produ  red. 

I  L8.    Wash-room  and  do  ill  he  provided 

with  a  proper  wash-room  and  water-closi  • a, 

or  rooms  where  the  manufacture  of  such  food  product  i-  •  and  m> 

t,  earth-closet,  privy  or  ash-pit  shall  he  within.!  th  the 

Lake  room  <^i  any  bakery,  hotel  or 

No  person  -hall  Bleep  in  ;i  room  occup  r  the 


420  Foods  and  food  control. 

is  employed  in  the  bakery  shall  be  separate  from  the  room  where  floor  or  meal 
food  products  are  manufactured  or  stored.  It  the  sleeping  places  are  on  the  same 
floor  where  such  products  are  manufactured,  stored  or  sold,  the  factory  inspector 

may  inspect  and  order  them  put  in  a  proper  sanitary  condition. 

114.  Inspection  of  bakeries.  The  factory  inspector  shall  cause  all  bakeries  to  he 
inspected.  If  it  he  found  upon  such  inspection  that  the  bakeries  so  inspected  are 
constructed  and  conducted  in  compliance  with  the  provisions  of  this  chapter,  the 
factory  inspector  shall  issue  a  certificate  to  the  persons  owning  or  conducting  such 
bakeries. 

116.  Notice  requiring  alterations.  If,  in  the  opinion  of  the  factory  inspector,  altera- 
tions are  required  in  or  upon  premises  occupied  and  used  as  bakeries,  in  order  to 
comply  with  the  provisions  of  this  article,  a  written  notice  shall  he  served  by  him 
upon  the  owner,  agent  or  lessee  of  such  premises,  either  personally  or  by  mail, 
requiring  such  alterations  to  he  made  within  sixty  days  after  such  service,  and  such 
alterations  shall  he  made  accordingly. 

Laws  of  1897,  ch.  415;  Cumming  and  Gilbert's  General  Laws  and  other  General 
Statutes,  1901,  vol.  2,  art.  8,  pp.  2080-2082. 

CANNED  GOODS. 

.'{().  Labeling  of  canned  goo<h;  penalty.  No  packer  of  or  dealer  in  hermetically 
sealed,  canned  or  preserved  fruits,  vegetables  or  other  articles  of  food  within  this 
state,  excepting  canned  or  condensed  milk  or  cream,  shall  sell  or  offer  the  same  for 
Bale  for  consumption  within  this  State,  unless  the  cans  or  jars  containing  the  same 
shall  have  plainly  printed  upon  a  label  thereupon,  with  a  mark  or  term  clearly  indi- 
cating the  grade  or  quality  of  the  articles  contained  therein,  the  name,  address  and 
place  of  business  of  the  person  or  corporation  canning  or  packing  them,  or  the  name 
of  tin- wholesale  dealer  in  the  state  sidling  or  offering  tie  >ame  for  sale,  and  the  name 
of  the  state,  county  and  city,  town  or  village  where  packed,  preceded  by  the  words 
"packed  at." 

[f  containing  soaked  goods  or  goods  put  up  from  products  dried  or  cured  before 
canning,  there  shall  also  he  printed  upon  the  face  of  such  label  in  good  Legible  type, 
one-half  of  an  inch  in  height  and  three-eighths  of  an  inch  in  width,  the  word 
"soaked." 

Goods  imported  from  foreign  countries  of  foreign  manufacture  shall  not  he  subject 
to  the  provisions  of  this  section. 

Any  person  violating  any  of  the  provisions  of   this  secton    shall    forfeit  to  the  city. 

village  or  town  where  the  violation  occurs,  the  sum  of  fifty  dollars,  if  a  retail  dealer, 

and  the  sum  of  live  hundred  dollars  if  a  whole-ale  dealer  or  packer. 

Laws  of  1896,  ch.  376;  Cumming  and  Gilbert's  General  Laws  and  other  General 
Statutes,  L901,  vol.  I.  pp.  L053  L054. 

CONFECTIONERY. 

9<  e  <  feneral  Food  Laws,  p.  415.    Sec.  n  l>. 

DAIRY   PRODUCTS.* 

2o.  Adulterated  milk,  butter  t  and  chees*  <i,ii,,<(l.  The  terms,  butter  and  cheese,  when 
used  in  this  article,  mean,  the  products  of  the  dairy,  usually  known  bj  those  terms, 
which  are  manufactured  exclusively  from  pure,  unadulterated  milk  or  cream  or  both, 
w  it  h  or  without  salt  or  rennet,  and  with  orwithoui  coloring  matter  >r  sage.  The  terms 
oleomargarine,  butterine,  imitation  butter  or  imitation  cheese,  shall  be  con-trued  to 

Se<    ft)   neral   Food   Law  S. 


NEW    YORK.  421 

mean  any  article  or  substance  in  the  semblance  of  batter  or  cheese  not  the  usual 

product  of  the  dairy,  and  not  made  exclusively  of  pure  and  unadulterated  milk  or 
(•ream,  or  any  such  article  or  substance  into  which  any  oil,  lard  or  fat  not  produced 
from  milk  or  cream  enters  as  a  component  part,  or  into  which  melted  butter  or  butter 
in  any  condition  or  state,  or  any  oil  thereof  has  been  introduced  to  take  the  place  of 
cream.     The  term,  adulterated  milk,  when  so  used,  means: 

1.   .Milk  containing  more  than  eighty-eight  per  centum  of  water  or  fluids. 

'2.   Milk  containing  less  than  twelve  per  centum  of  milk  solids. 

3.  Milk  containing  less  than  three  per  centum  of  fats. 

4.  Milk  drawn  from  cows  within  fifteen  days  before  and  five  days  after  parturition. 

5.  Milk  drawn  from  animals  fed  on  distillery  waste  or  any  substance  in  a  state  of 
fermentation  or  putrefaction  or  on  any  unhealthy  food. 

6.  Milk  drawn  from  cows  kept  in  a  crowded  or  unhealthy  condition. 

7.  Milk  from  which  any  part  of  the  cream  has  been  removed. 

B.  Milk  which  has  been  diluted  with  water  or  any  other  fluid,  or  to  which  has 
been  added  or  into  which  has  been  introduced  any  foreign  substance  whatever. 

All  adulterated  milk  shall  be  deemed  unclean,  unhealthy,  impure  and  unwhole- 
some. The  terms,  pure  milk  or  unadulterated  milk,  when  used  singly  or  together 
mean  sweet  milk  not  adulterated,  and  the  terms  pure  cream  or  unadulterated  cream, 
when  used  singly  OT  together  mean  cream  taken  from  pure  ami  unadulterated  milk. 

21.  Care  and  feed  of com.  No  person  shall  keep  cows,  for  the  production  of  milk 
for  market  or  for  Bale  or  exchange,  or  for  manufacturing  the  milk  or  cream  from  the 
same  into  any  article  of  food,  in  a  crowded  or  unhealthy  condition,  or  feed  any  such 
cow-  on  distillery  waste  or  on  any  substance  in  the  state  of  putrefaction  or  fermenta- 
tion, or  upon  any  food  that  is  unhealthy  or  that  produces  impure  unhealthy,  difli 
or  unwholesome  milk.  But  this  section  shall  not  be  construed  to  prohibit  the  feed- 
ing of  ensilage. 

-'2.  Prohibition  of  the  sale  of  adulterated  mil/:,  imitation  cream,  and  regulating  tin  sale 
tified  milk.  No  person  shall  sell  or  exchange,  or  offer  or  expose  for  sale  or 
exchange,  any  unclean,  impure,  unhealthy,  adulterated  or  unwholesome  milk  or  any 
cream  from  tin-  same,  or  any  unclean,  impure,  unhealthy,  adulterated,  colored,  or 
unwholesome  cream,  or  sell  or  exchange,  or  offer  or  expose  for  sale  or  exchange, 
any  substance  in  imitation  or  semblance  of  cream,  which  is  not  cream,  nor  shall  they 

sell  or  exchange,  or  offer  or  expose  for  -ale  or  exchange  any  such  substance  as  and 
ream,  or  .-ell  or  exchange  or  offer  or  expose  for  sale  or  exchange  any  article  of 

food    made  from   such    milk  or  cream   or  manufacture  from  any  such   milk  or  cream 

any  article  of  food.     No  person  shall  sell  or  exchange,  or  offer  or  expose  for  sale  or 

exchange,  a- and  for  certified  milk,  any  milk  which  has  not  been  duly  examined  by 
a  competent  person  to  make  such  examination  and  which  has  not  been  found  upon 
such  examination  to  be  free  from  antiseptic's,  added  preservatives,  and  pathogenic 
bacteria,  or  bacteria  in  excessive  numbers.  All  milk  sold  as  certified  milk  shall  be 
conspicuously  ma  iked  with  the  name  of  the  association  certifying  it.  As  amended  by 
I  of  1900,  <■/,.  jfu,  Law$ofl904,  vol  9S  ch*.  480  and  666,  and  Lav*  of  IS 
eh.  SOt,  p.   lis:;   Qumming  <m<i  Gilberts  General  Laws  "ml  ot)  Statute*, 

Supplement  1904,  ml.  .;,  p.  is. 

8ft«  Regulations  in  regard  to  butter  "ml  cheen  fact  ion  shall  sell,  supply 

or  bring  t..  he  manufactured  to  any  hutter  or  cheese  factory  any  milk  dilated  with 

Any    unclean,    impure,  unhealthy,   adulterated    or   unwholesome   milk,  or 

milk  from  which  an]  of  the  cream  has  been  taken,  except  pore  skim  milk  to  skim- 
cheese  factori  3       Nb  person  -hall  sell,  supply  or  bring  to  he  manufactured   to  any 

batter  or  cheese  factory  any  milk  from  which  there  has  been  kept  back  any  | 
the  milk  commonly  known  as  strippings,  or  any  milk  that  1  [cept  pare  skim 

milk  to  .-km,  ch<  ries     The  owner  or  proprietor  or  the  person  haying  charge 

■  •I  any  batter  or  cheese  factory,  aot  baying  all  the  milk  used  by  him,  shall  □ 


422  FOODS    AND    FOOD    CONTROL. 

for  his  own  benefit,  or  allow  any  of  his  employees  or  any  other  person  to  use  for  his 
own  benefit,  any  milk,  cream,  butter  or  cheese  or  any  other  product  thereof,  brought 
to  such  factory,  without  the  consent  of  the  owners  of  such  milk  or  the  products 
thereof.  Every  butter  or  cheese  manufacturer  not  baying  all  the  milk  he  uses,  shall 
keep  a  correct  account  of  all  the  milk  daily  received,  of  the  number  of  packag 
butter  and  cheese  made  each  day,  and  the  number  of  packages  and  aggregate  weight 
of  cheese  and  butter  disposed  of  each  day;  which  account  shall  be  open  to  inspection 
to  any  person  who  delivers  milk  to  such  factory.  Whenever  manufacturers  of  butter 
or  cheese  purchase  milk  upon  the  basis  of  the  amount  of  fat  contained  therein  and 
use  for  ascertaining  the  amount  of  such  fat  what  is  known  as  the  Babcock  test,  or 
whenever  the  proceeds  of  cooperative  creameries  and  cheese  factories  are  allotted  on 
the  basis  of  determinations  of  milk  fat  by  the  Babcock  test,  the  bottles  and  pipettes 
used  in  such  test  shall  before  use  be  examined  by  the  director  of  the  New  York 
agricultural  experiment  station.  If  such  bottles  are  found  to  be  properly  constructed 
and  graded  so  as  to  accurately  show  the  amount  of  fat  contained  in  milk,  each  of 
them  shall  be  legibly  and  indelibly  marked  "S.  B."  No  bottle  shall  be  so  marked 
except  as  herein  provided  nor  shall  be  used  in  any  such  test  by  such  manufacturers, 
unless  >o  examined  and  marked.  The  acid  used  in  making  such  test  by  such  manu- 
facturers shall  be  examined  from  time  to  time  by  competent  chemists  employed  by 
the  commissioner  of  agriculture  and  if  found  not  to  be  of  sufficient  strength  the  use 
of  such  acid  shall  be  prohibited.  No  person  or  persons  receiving  or  purchasing  milk 
or  cream  upon  the  basis  of  the  amount  of  fat  contained  therein,  shall  credit  any 
patron  or  patrons  delivering  milk  or  cream  thereto  with  a  greater  or  lesser  percentage 
or  average  percentage  of  fat  than  is  actually  contained  in  the  milk  or  cream  so  deliv- 
ered. The  commissioner  of  agriculture  or  persons  employed  by  him  for  that  pur- 
pose may  at  any  time  assist  in  making  tests  of  milk  received  at  a  butter  or  cheese 
factory  for  the  purpose  of  determining  the  efficiency  of  tests  usually  made  at  such 
factory.  All  persons  using  other  than  standard  bottles  or  acid  which  is  not  of  the 
required  strength  to  accurately  determine  the  amount  of  fats  in  milk  or  crediting 
any  patron  or  patrons  delivering  milk  or  cream  with  a  greater  or  lesser  percentage 
or  average  percentage  of  fat  than  is  actually  contained  in  the  milk  or  cream  so  deliv- 
ered, shall  be  subject  to  the  penalties  prescribed  by  section  thirty-seven  of  this  arti- 
cle, and  shall  he  guilty  of  a  misdemeanor. — As  amended  by  Laws  of  1900,  ch. 
0/1901,  vol.  J,  ch.  429,  p.  1118,  and  laws  of  1905,  >■<>!.  .\  <■},.  601,  j>j>.  1485-1 

24.  Receptacles — protection  of  owners.  No  person  or  persons  shall  hereafter  with- 
out the  consent  of  the  owner  or  owners,  shipper  or  shippers,  use,  Bell,  dispose  of, 
buy  or  traffic  in  any  milk  can  or  can-,  jar  or  jars,  bottle  or  bottles,  cream  can  or  cans, 
jar  or  jars,  bottle  or  bottle-  belonging  to  any  dealer  or  dealer-,  shipper  or  shippers  of 
milk  or  cream  residing  in  the  state  of  New  York  or  elsewhere,  who  may  ship  milk  or 
cream  to  any  city,  town  or  place  within  this  state,  having  the  name  or  initials  of  the 
owner-  or  owners,  dealer  or  dealers,  shipper  or  shippers,  stamped,  marked  or  fastened 
on  such  can  or  cans,  jar  or  jars  bottle  or  bottles,  or  wilfully  mar.  erase  or  chang 
remarking  or  otherwise  said  name  or  initials  of  any  such  owner  or  owners,  dealer  i  r 
dealers,  shipper  or  shippers,  so  stamped,  marked  or  fastened  upon  said  can  or  cans, 

jar  or  jar-,  bottle  or  bottles.  Nor  shall  any  person  or  persons  without  the  consent 
of  tin-  owner  OSS  BUCh  can  or  cans,  jar  <r  jar.-,  bottle  or  bottles,  for  any  other  purpOSl 
than  for  milk  <»r  cream;   nor  shall   any  person  Or  persons  without   the  consent  of  the 

owner  place  in  any  such  can  or  cans  jar  or  jars,  bottle  or  bottle.-,  any  sub-tance  or 

Bubstances,  product  or  products  other  than  milk  or  cream.  -At  <tuitit<i><I  by  Laws  of 
t901,  eh.  875,  <>»'!  Laws  of  1904,  vol  /,  ch.  168,  p.  800;  Camming  <n><i  Gilbert's  General 
Laws  and  other  General  Statutes,  Supplement  1904,  vol.  '/,  p.  /.'>. 

*J."».  Regulation*  in  regard  to  condensed  milk.     No  condensed  milk  shall  be  made  or 
offered  or  exposed  for  sale  or  exchange  unless  manufactured  from  pure,  clean,  healthy, 

bresh.    unadulterated    and    wholesome    milk    from    which    the   cream    has    not     been 


NEW    YORK.  423 

removed  either  wholly  or  in  part,  or  unless  the  proportion  of  milk  solids  shall  be  in 
quantity  the  equivalent  of  twelve  per  centum  of  milk  solids  in  crude  milk,  and  of 
which  solids  twenty-five  per  centum  shall  be  fats.  No  person  shall  manufacture,  sell 
or  offer  for  sale  or  exchange  in  hermetically  sealed  cans,  any  condensed  milk  unless 
put  up  in  packages  upon  which  shall  be  distinctly  labeled  or  stamped  the  name  of 
the  person  or  corporation  by  whom  made  and  the  brand  by  which  or  under  which 
it  is  made.  When  condensed  milk  shall  be  sold  from  cans  or  packages  not  hermeti- 
cally sealed,  the  vendor  shall  brand  or  label  such  cans  or  packages  with  the  name 
of  the  manufacturer  of  the  milk  contained  therein. — As  amended  by  Ism*  of  1893,  ch. 
564,  and  Laws  of  1894,  ch.  143. 

20.  Manufacture  and  sale  of  imitation  butter  prohibited.  No  person  by  himself,  his 
agents  or  employes,  shall  produce  or  manufacture  out  of  or  from  any  animal  fat-  or 
animal  or  vegetable  oils  not  produced  from  unadulterated  milk  or  cream  from  the 
same,  the  article  known  as  oleomargarine  or  any  article  or  product  in  imitation  or 
semblance  of  natural  batter  produced  from  pare,  unadulterated  milk  or  cream  of  tin- 
same;  or  mix,  compound  with  or  add  to  milk,  cream  or  butter  any  acids  or  other 
deleterious  substance  or  any  animal  fats  or  animal  or  vegetable  oils  not  produced  from 
milk  or  cream.  BO  as  to  produce  any  article  or  substance  or  any  human  food  in 
imitation  or  in  semblance  of  natural  butter,  nor  sell,  keep  for  sale  or  offer  for  sale 
any  article,  substance,  or  compound  made,  manufactured  or  produced  in  violation 
of  the  provisions  of  this  section,  whether  such  article,  substance  or  compound 
shall  be  made  or  produced  in  this  state  or  elsewhere.  Any  .person  manufacturing, 
selling,  offering,  or  exposing  for  sale  any  commodity  or  substance  in  imitation  or 
semblance  of  butter  the  product  of  the  dairy,  shall  be  deemed  guilty  of  a  violation  of 
the  agricultural  law,  whether  he  sells  such  commodity  or  substance  as  butter,  oleo- 
margarine or  under  any  other  name  or  designation  whatsoever  and  irrespective  of 
any  representations  he  may  make  relative  to  such  commodity  or  substance.  Any 
dealer  in  any  article  or  product,  the  manufacture  or  sale  of  which  is  prohibited  by 
this  act,  who  shall  keep,  store  or  display  such  article  or  product,  with  other  mer- 
chandise or  stock  in  his  place  of  business,  shall  be  deemed  to  have  the  same  in  his 
possession  i<>\-  -ale.— .1*  amended  by  Laws  of  1894,  ch.  486,  Laws  1897,  ch,  768,  "ml 
laws  1902,  vol.  8,  ch.  S86,  p.  986;  Camming  and  GuberV*  General  Laws  "ml  other  Oen- 
eral  Statutes,  Supplement,  1904,  I"/-  4t  pp>  19-80. 

2  7.  Imitation  butU  r  and  cheese;  n  novated  butU  r  to  be  label*  d.  No  persou  -hall  manu- 
facture, mix  or  compound  with  or  add  to  natural  milk,  cream  or  butter  any  animal 
fat-  or  animal  or  vegetable  oils,  nor  make  or  manufacture  any  oleaginous  substance 

not  produced  from  milk  or  cream,  with  intent  to  Sell  the  Same  as  butter  Or  cheese 
made  from  unadulterated  milk  or  cream  or  have  the  same  in  hi-  possession  with  such 
intent;  n<»r  shall  any  person  solicit  or  take  order-  for  the  same  or  offer  the  same  for 
sale,  nor  shall  any  such  article  or  substance  or  compound  bo  made  or  produced,  be 
sold  a-  and  for  butter  or  cheese,  the  product  of  the  dairy.     No  person  shall  coat, 

powder  .if  color  with  annatt ■  any  coloring  matter  whatever,  butterine  or  oleo- 
margarine or  any   compound   of  the   same  or   any  product   or  manufacture  made  in 

whole  or  in  pari  from  animal  fats  <.r  animal  or  vegetable  oils  not  produced  from 
unadulterated  milk  or  cream  by  mean-  of  w  hich  such  product,  manufacture  or  com- 
pound shall  resemble  butter  or  cheese,  the  product  of  the  dairy;  nor  shall  he  have 

the  Mine  in  his  possession  with  intent  to  sell  the  same   Dor  shall   he  -ell  or  offer  to 

sell  the  same.     No  person  bj  himself,  hi-  ..  shall  manufacture, 

sell,  offer  or  ex]  Je,  butter  that  Is  produced  by  taking  original  packing  e 

or  other   butter  or  both   and    melting  the  same,  BO  that  the  butter  fat  can  be  drawn 

off,  then  mixing  the  said  butter  fat  with  skimmed  milk  or  milk  or  cream  or  other 
milk  product  and  rechurning  the  -aid  mixture,  or  that  i-  produced  by  any  similar 

process  and    is   coinuionU   known  a-  boiled  >>r  process  butter,  unless  he  shall  plainly 

brand  or  mark  the  package  or  tab  or  \\  rapper  in  \n hich  the  same  is  put  up  in  a  con« 


424  FOODS  AND  FOOD  CONTROL. 

Bpicuous  place  with  the  words  ''renovated  butter."     If  the  same  shall  be  put  ul 

Bold,  offered  or  exposed  for  sale  in  prints  <>r  rolls,  then  the  said  prints  or  rolls  .-ha! 
be  labeled  plainly  with  printed  letters  in  a  conspicuous  place  on  the  wrapper  with  th 
words  ••  renovated  butter."     It  the  same  is  packed  in  tubs  or  boxes  or  pails  or  otrnj 

kind  of  a  ease  or  package  the  words  "renovated  butter"  shall  be  printed  on  the  tol 
and  side  <>f  the  same  in  letters,  at  least,  one  inch  in  length,  so  as  to  be  plainly  see) 
by  the  purchaser.  It  such  butter  is  exposed  for  sale,  uncovered,  not  in  a  packaged] 
a  placard  containing  the  label  so  printed  shall  be  attached  to  the  mass  of  buttei 
in  such  manner  as  to  be  easily  seen  and  read  by  the  purchaser.  No  person  shall  sell, 
offer  or  expose  for  sale,  any  butter  or  other  dairy  products  containing  a  preservative, 
but  this  shall  not  be  con-trued  to  prohibit  the  use  of  salt  in  butter  or  cheese,  or 
spirituous  liquors  in  club  or  other  fancy  cheese  or  sugar  in  condensed  milk.  No  pen 
sou  or  persons,  firm,  association  or  corporation  shall  induce  or  attempt  to  induce  any 
i  or  persons  to  violate  any  of  the  provisions  of  the  agricultural  law.  Any  per- 
son, firm,  association  or  corporation  selling,  offering  or  advertising  for  sale  any  sub- 
stance, preparation  or  matter  for  use  in  violation  of  the  provisions  of  the  agricultural 
law  shall  be  guilty  of  a  violation  of  this  act.  —  As  amended  by  Laws  of  1899,  ch.  1  }:>, 
and  Laws  of  1900,  ch.  534. 

28.  Prohibited  articles  In  hotels,  etc.  No  keeper  or  proprietor  of  any  bakery,  hotel, 
boarding-house,  restaurant,  saloon,  lunch-counter  or  place  of  public  entertainment, 
or  any  person  having  charge  thereof  or  employed  thereat,  or  any  person  furnishing 
board  for  any  others  .than  members  of  his  own  family,  or  for  any  employes  where 
such  board  is  furnished  for  a  compensation  or  as  part  of  the  compensation  of  any 
such  employe,  shall  keep,  use  Or  serve  therein  either  as  food  for  his  guests,  boarders, 
patrons,  customers  or  employes  or  for  cooking  purposes  any  article  or  substance 
made  in  violation  of  the  provisions  of  this  article. 

%1\).  Use  of  coloring  matter  in  imitation  butter  and  cheese.  No  person  manufacturing 
with  intent  to  sell  any  substance  or  article  in  imitation  or  semblance  of  butter  or 
cheese  not  made  exclusively  from  unadulterated  milk  or  cream  or  both,  with  salt 
or  rennet  or  both  and  with  or  without  coloring  matter  or  sage,  but  into  which  any 
animal,  intestinal  or  offal  fats,  or  any  oils  or  fats  or  oleaginou-  substance  of  any  kind 
not  produced  from  pure,  unadulterated  milk  or  cream,  or  into  which  melted  butter, 
or  butter  in  any  condition  or  state  or  any  modification  of  the  same,  or  lard  or  tallow 
shall  be  introduced,  shall  add  thereto  or  combine  therewith  any  annatto  or  com- 
pounds of  the  same,  or  any  other  substance  or  substances  whatever,  for  the  purpose 
or  with  the  effect  of  imparting  thereto  a  color  resembling  yellow,  or  any  shade  of 
yellow  butter  or  cheese,  nor  introduce  any  such  coloring  matter  or  other  substance 
into  any  of  the  articles  of  which  the  same  is  c posed. 

80.  Manufacture  and  sale  of  imitation  cheese.  No  person  shall  manufacture,  deal  in, 
sell,  offer  «»r  expose  for  sale  or  exchange  any  article  or  substance,  in  the  semblance  of 

or  in  imitation  of  cheese  made  exclusively  of  unadulterated  milk  or  cream,  or  both, 
into  which  any  animal,  intestinal  or  offal  fats  or  oils,  or  melted  butter  or  butter  in 
any  condition  or  state  or  modification  of  the  same,  or  oleaginous  substances  of  any 
kind  not  produced  from  unadulterated  milk  or  cream,  shall  be  introduced. 

81.  Skim-milk  or  skim  cheese  exempt  if  sold  at  such.  Except  in  the  counties  of  New 
York  and  Kin--,  the  prohibitions  contained  in  this  article  againsl  the  sale  of  adul- 
terated milk  shall  not  apply  to  -kim-milk,  which  is  clean,  pure,  healthy,  w  holesome 
and  unadulterated,  except  by  skinnnimr,  sold  for  u.-e  in  the  county  in  w  hidi  it  i-  pro- 
duced or  an  adjoining  county,  if  it  is -old  for  and  as  skimmed  milk.  The  prohibi- 
tions in  this  article  againsl  the  sale  of  cheese  made  from  unadulterated  milk  or  cream, 

shall  not  apply  to  pure  .-kini-cheese  made   from   milk  which  is  clean,  pure,  healthy, 

wholesome  and  unadulterated,  except  by  skimming. 

:{*_\  Unclean  receptacles  and  places  for  keeping  milk;  notice  to  violators  of  provisions. 
No  person,  firm,  association  or  corporation,  producing,  buying  or  receiving  milk  for 


NEW    YORK.  425 

the  purpose  oi  sefling  the  same  for  consumption  as  such,  or  for  manufacturing  the 

jBame  into  butter,  cheese  condensed  milk,  or  other  human  food,  shall  keep  the  same 

in  utensils,  can-  room  or  moms,  building  or  buildings  that  are  unclean  or 

have  unsanitary  .surroundings  or  drainage,  or  in  any  condition  whatsoever  that  would 
tend  to  produce  or  promote  conditions  favorable  to  unhealthfulness  or  disease.  The 
commissioner  of  agriculture  shall  notify  all  persons,  firms,  associations  or  corpora- 
violating  this  section,  to  clean  said  utensils,  cans,  vessels,  room  or  i 
building  or  buildings,  cr  to  so  improve  the  sanitary  conditions  that  the  law  will  not 
be  violated,  and  if  such  notice  is  complied  with  in  ten  days'  time,  Sundays  excepted, 
then  no  action  shall  lie  for  a  violation  of  this  section.  Any  person  or  persons  having 
charge  of  any  milk  gathering  station  where  milk  is  bought  or  received  from  the 
dairymen  for  the  pui  tiling  the  same  for  consumption  or  shipping  the  same 

to  market  for  consumption  as  human  food  before  taking  such  charge  or  operating  «»r 
working  as  such  agent  or  person  in  charge  shall  apply  to  the  commissioner  of  agri- 
culture for  a  license  to  so  work  or  operate  or  have  charge,  and  shall  at  the  time  of 
making  such  application,  file  with  the  commissioner  a  statement  under  oath,  Betting 
forth  the  fact  that  he  will  not  while  having  charge  of  or  operating  any  such  milk 
gathering  establishment  or  while  employed  therein  adulterate  or  Buffer  or  permit  the 
adulteration  of  any  such  milk  or  any  product  thereof  during  the  term  for  which  he 
may  be  licensed.  After  the  applicant  shall  have  complied  with  the  foregoing  pro- 
visions of  this  section,  the  commissioner  of  agriculture  upon  being  Batisfied  that  the 
applicant  is  a  person  of  good  moral  character  and  a  qualified  and  proper  person  to 
have  charge  of  or  operate  any  such  milk  gathering  station  or  establishment  shall  issue 
to  -aid  applicant,  a  license  which  shall  qualify  him  to  have  charge  of  any  BUCh  milk 
feathering  station  or  establishment  for  the  period  of  two  years  from  the  date  of  such 
license.  Any  person  or  persons  having  charge  of  any  milk  gathering  station  or 
establishment  a-  aforesaid,  shall  keep  a  true  and  correct  daily  record  of  the  receipts 
of  milk  or  other  dairy  products  received  at  such  station  or  establishment  and  a  true 
and  correct  daily  record  of  all  sales  or  shipments  ^i  milk,  cream  and  dairy  products 
Shipped  or  sold  from  such  station  or  establishment.  Which  record  shall  be  preserved 
at  such  station  or  establishment  for  at  least  two  year-  after  the  same  .-hall  have  been 
made  and  such  records  -hall  at  all  times  be  open  to  the  inspection  of  the  commis- 
sioner of  agriculture  or  his  assistants.  If  any  such  persons  so  duly  licensed  shall 
thereafter  violate  any  of  the  provisions  of  the  agricultural  law  relative  to  milk  or  the 
products  thereof  he  shall  forfeit  his  License  and  shall  be  disqualified  for  a  period  of 
ears  from  being  again  licensed  by  the  commissioner  of  agriculture.  The  com- 
nerof  agriculture  shall  have  the  power  to  issue  Bubpoenasto  be  attested  by 
him  in  his  official  capacity  to  any  person  or  prison-  whom  he  may  have  reason  to 
believe  has  knowledge  of  any  alleged  violation  of  the  agricultural  law,  to  appear 

him  or  any  of  his  assistant  commissioners  of  agriculture  for  the  purpo 
investigating  alleged  violation  of  the  agricultural  law.     Any  person  or  persons  who 

shall  omit,  Deglecl  Or  refuse  to  obey  subpoenas  attested  in  the  name  of  the  commis- 
sioner of  agriculture  or  who  shall  refuse  to  testify  under  oath  before  the  commissioner 
of  agriculture  or  his  assistant  commissioners  of  agriculture,  is  guilty  of  a  misdemeanor. 
The  commissioner  of  agriculture  and  his  assistant  commission  i 
hereby  authorized  and  empowered  to  administer  oaths  and  affirmations  in  the  usual 
appropriate  forms  to  any  person  or  persons  in  any  matter  or  proceedings  authorised 
as  aforesaid  and  in  all  matter-  pertaining  or  relating  to  the  agricultural  law  and  t«» 
take  and  administer  oaths  and  affirmations,  in  the  usual  appropriate  form-,  in  taking 

any  affidavit  or  deponition  which   may   be   ueccs-ary  or  required   by   law   or  h\    any 

order,  rule  or  regulation  of  the  commissioner  of  agriculture  for  or  in  connection  with 
the  official  purposes,  affair-,  powers,  duties  or  proceedings  of  said  commissioner  of 
agriculture  or  hi-  assistant  commissioners  of  agriculture  or  any  official  purpo-, ■  law- 
fully authorized  by  -aid  commissioner  of  agriculture.    The  commissioner  of  agricul- 


■±2H*  FOODS    AND    FOOD    CONTROL. 

tare  or  his  assistant  commissioners  of  agriculture  shall  have  the  power  in  proper 

sue  subpoenas  duces  tecum.     Such  subpoena  or  subpoena  duces  tecum  may 

rved  by  any  person  over  the  age  of  twenty-one  years.     Any  person  who  shall 

make  any  false  statement  under  oath  before  the  commissioner  of  agriculture  or 
his  assistant  commissioners  of  agriculture,  is  guilty  of  perjury.— As  amended  ;  "  Laws 
of  1898,  ch.  153,  March  28,  1904,  by  Laws  of  1904,  vol.  1,  ch.  168,  p.  300,  and  February 
25,  1905,  by  Laws  of  1905,  vol.  2,  ch.  603,  pp.  1488-1490;  dimming  and  Gilberts  General 
Laws  and  other  General  Statutes,  Supplement  1904,  vol.  4,  p.  91. 

.*>3.  Manufacturer's  brand  of  cheese.  Every  manufacturer  of  full-milk  cheese  may 
put  a  brand  or  label  upon  such  cheese  indicating  '" full-milk  cheese,"  and  the  date 
of  the  month  and  year  when  made;  and  nd person  shall  use  such  a  brand  or  label  upon 
any  cheese  made  from  milk  from  which  any  of  the  cream  has  beeu  taken.  The  com- 
missioner of  agriculture  shall  procure  and  issue  t<>  the  cheese  manufacturers  of  the 
>tate.  <>n  proper  application  therefor,  and  under  such  regulations  as  to  the  custody 
and  use  thereof  as  he  may  prescribe,  a  uniform  stencil  brand  or  label-  bearing  a  suit- 
able device  or  motto,  and  the  words,  "New  York  state  full-cream  cheese."'  Every 
such  brand  or  label  shall  be  used  upon  the  outside  of  the  cheese  and  shall  bear  a 
different  number  for  each  separate  factory.  The  commissioner  shall  keep  a  book,  in 
which  shall  be  registered  the  name,  location  and  number  of  each  manufactory  using 
the  brands  or  labels,  and  the  name  or  names  of  the  persons  at  each  manufactory 
authorized  to  use  the  same.  No  such  brand  or  labels  shall  be  used  upon  any  other 
than  full-cream  cheese  or  packages  containing  the  same. — As  amended  by  Laws  of 
ch.  559,  and  Laws  of  1904,  vol.  1,  ch.  27,  p.  79;  Gumming  and  Gilbert's  General  Laws 
and  o(h>-r  General  Statutes,  Supplement  1904,  vol.  4,  pp.  ■■ 

34.  False  brands  on  butter  or  cheese.  No  person  shall  offer,  sell  or  expose  for  sale. 
in  any  package,  butter  or  cheese  which  is  falsely  branded  or  labeled. 

:$.">.  County  trade-mark  for  butter  and  cheese.  At  a  regular  or  special  meeting  of  a 
county  dairymen's  association  in  any  county  of  the  state  there  may  be  adopted  a 
county  trade  mark,  by  a  majority  of  the  members  present  and  voting,  to  be  used  as 
a  trade-mark  by  am  "  person  manufacturing  pure  unadulterated  butter  or  full-cream 
cheese  in  such  county.  The  secretary  of  the  association  shall  forthwith  send  to  the 
commissioner  of  agriculture  a  copy  of  such  trade  mark,  which  copy  he  shall  place  on 
file  in  his  office,  noting  thereupon  the  day  and  hour  he  received  tin'  same.  But  one 
county  trade  mark  for  butter  and  tor  cheese  shall  be  placed  on  file  for  the  same  county. 
No  association  shall  adopt  any  trade  mark  of  any  county  already  on  file,  or  use  that 
of  any  other  county  in  the  formation  of  a  trade  mark. 

:i(i.  Reason  for  law.  This  article  and  each  section  thereof  are  declared  to  be 
enacted  to  prevent  deception  in  the  sale  of  dairy  products,  and  to  preserve  the  public 
health,  which  is  endangered  by  the  manufacture,  sale  and  use  of  the  articles  or  sub- 
Btancee  herein  regulated  or  prohibited. 

.'{7.  Penalties  for  violation  of  agricultural  Ian-.  Every  person  violating  any  of  the 
provisions  of  the  agricultural  law  shall  forfeit  to  the  people  of  the  Btate  of  New  York 
the  sum  of  not  less  than  fifty  dollars  nor  more  than  one  hundred  dollars  for  the  first 
violation  and  not  less  than  one  hundred  dollars  or  more  than  t  u  o  hundred  dollars 
tor  the  second  and   each  Bubsequenl  violation.      When  such   violation  consists  of  the 

manufacture  or  production  of  any  prohibited  article,  each  day  during  \\  hich  or  any 
part  of  which  such  manufacture  or  product  ion  is  carried  on  or  continued,  shall  be 
deemed  ;i  separate  violation  of  the  provisions  of  this  article.  When  the  violation 
consist*  of  the  sale,  <>r  the  offering  or  exposing  for  sale  or  exchange  of  any  prohibited 
article  or  substance,  the  sale  of  each  one  of  several  packages  shall  constitute  a  sepa- 
rate violation,  and  each  day  on  which  any  such  article  or  substance  is  offered  or 
ed  for  -ale  or  exchange  shall  constitute  a  separate  violation  of  tins  article. 


n  Statute-. 


NEW    YOKK.  4l;7 

Wlien  the  use  of  any  such  article  or  substance  is  prohibited,  each  day  during  which 
or  any  part  of  which  said  article  or  substam         -  d  or  furnished  for  use,  shall 

constitute  a  separate  violation,  and  the  furnishing  of  the  same  for  use  to  each  p 
to  whom  the  same  may  be  furnished  shall  constitute  a  separate  violation.  Whoever 
by  himself  or  another  violates  any  of  the  provisions  of  articles  two,  three,  eight, 
eleven  and  twelve  or  sections  ninety-one  and  ninety-two  of  the  agricultural  law  <>r  of 
chapter  four  hundred  and  ninety-one,  laws  of  eighteen  hundred  and  ninety-eight, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  punished  by  a  line  of 
not  less  than  fifty  dollars,  nor  more  than  two  hundred  dollars,  or  by  imprisonment 
of  not  less  than  one  month  nor  more  than  six  months  or  by  both  such  fine  and 
imprisonment,  for  the  first  offense;  and  by  six  month.-  imprisonment  for  the  Becond 
offense. — As  amended  by  lawsof  1897,  ch.  654',  Laws  of  1898 \  ch.  558;  Laws  of  1899 ',  ch. 
/  •     8  of  1900,  chs.  76  and  559;   Laws  of  1901,  ch.  656. 

Lawsof  1893,  ch.  338;  dimming  and  Gilbert's  (General  Laws  and  other  General 

Statutes,  1901,  vol.  1,  art.  2,  pp.  105-176. 

1.  Use  of  imitation  dairy  products  instate  institutions.     No  money  appropriated  by 

law  for  maintenance  and  support  in  whole  or  in  part  of  a  state  institution;  nor 
money  received   by  a  charitable,  benevolent,  penal  or  reformatory  institution   from 

ate,  or  from  a  county,  city  or  town  thereof,  or  appropriated  by  such  county,  city 
or  town  for  the  maintenance  or  support  in  whole  or  in  part  of  such  institution;  nor 
money  belonging  to  or  used  for  the  maintenance  or  support  of  such  institution,  shall 

pended  for  the  purchase  of,  or  in  payment  for  butterine,  oleomargarine,  lard 
Iheese,  or  articles  or  products  in  imitation  or  semblance  of  natural  butter  or  cheese 
produced  from  pure  unadulterated  milk  or  cream  from  the  same,  which  articles  or 
products  have  been  rendered  or  manufactured  in  whole  or  in  part  from  animal  fat-. 
or  animal  Or  vegetable  oils  not  produced  from  unadulterated  milk  or  cream  from  the 
same. 

2.  Duty  of  officer  of  staU  institution.  No  officer,  manager,  superintendent  or  agent 
of  an  institution  mentioned  in  the  first  section  of  this  act,  shall  purchase  for  the  use 
of  Buch  institution  articles  or  products  for  the  purchase  of  which  the  money  appro- 
priated by  law,  or  by  a  county,  city  or  town,  is  forbidden  to  be  used  by  this  act.  and 
no  person  shall  sell  to.  or  for  the  use  of  such  institution,  such  articles  or  product.-. 
B  or  shall  such  articles  or  product*-  be  used  as  articles  of  food  or  for  cooking  purposes 
in  such  institutions  within  this  state. 

Lawsof  L893,  ch.  .;<14;  Oumming  and  Gilbert's  General  Laws  and  other  General 

Statute.-.   L901,  vol.  1,  p.  216. 

26.  Search  warrants*for  suspected  dairy  products.  A.  search  warrant,  in  the  name  of 
the  people,  directed  to  a  peace  officer  commanding  him  to  search  for  dairy  products, 
imitation-  thereof  and  substitutes  therefor,  to  open  any  place  of  business,  factory, 
buildin'_r,  store,  bakery,  hotel,  tavern,  boarding-house,  restaurant,  saloon,  lunch 
counter,  place  of  public  entertainment,  carriage,  car,  boat,  package,  vessel,  barrel,  box, 
tab  or  can,  containing,  or  believed  to  contain  the  same,  in  the  possession  or  under  the 
control  of  any  person  who  shall  refuse  to  allow  the  same  to  be  inspected  or  samples 
taken  therefrom  by  the  -aid  commi  nt  commission)  h  experts, 

chemists,  agents,  or  counsel  a.-  Buch  commissioner  or  assistant  commissioners  .-hall 
duly  authorize  for  the  purpose,  or  to  which  i   prevented,  and  to 

allow  and  enable  the  officer  mentioned  in  section  twelve  applying  therefor  to  take 
such  Bamplee  of  dairy  products,  imitation-  thereof  and  substitutes  therefor,  found  in 

the  execution  of   the   warrant,  ;i<   the  officer  applying   for   the   -ear.  h    warrant    shall 

designate  when  the  same  are  found,  .-hall  be  issued  b\  any  magistrate  to  whom  appli- 
cation is  made  therefor,  whenever  it  -hall  be  made  to  appear  to  him  that  Buch  p< 


128  FOODS    AND   food  control. 

has  refused  to  permit  any  dairy  products,  imitations  thereof  or  substitutes  therefor, 

to  be  inspected  or  samples  taken  therefrom,  or  that  access  thereto  by  any  officer 
mentioned  in  section  twelve  has  been  refused  or  prevented,  and  that  such  officer  has 
reasonable  grounds  for  believing  that  such  person  has  any  dairy  products,  imitations 

thereof  or  substitutes  therefor  in  his  possession,  or  under  his  control,  or  that  he  is 
violating  any  of  the  provisions  .if  this  act.  The  provisions  of  section  seven  hundred 
and  ninety-one  to  section  eight  hundred  and  two,"  both  inclusive,  of  the  Code  of 
Criminal  Procedure,  shall  apply  to  such  warrant  as  far  as  applicable  thereto.  The 
peace  officer  to  whom  the  warrant  is  delivered  shall  make  a  return  in  writing  of  his 
proceedings  thereunto  b  to  the  magistrate  who  issued  the  same. 

Camming  and  Gilbert's  General  Laws  and  other  General  Statutes,  1901,  vol.  L,  p.  215. 

45.  Seizure  of  milk.  When  a  health  officer  or  other  official  shall  seize  or  destroy 
or  cause  to  be  seized  or  destroyed  any  milk,  he  shall  take  a  sample  of  such  milk  in 
the  presence  of  at  Least  one  witness,  and  shall,  in  the  presence  of  rach  witness,  seal 
such  sample  and  tender  it  to  the  vendor  or  person  in  charge  of  such  milk,  and  if 
accepted,  shall  also  deliver  therewith,  a  statement  in  writing  of  the  date  and  cause  oi 
such  seizure  or  destruction.  Any  health  officer  or  other  official  violating  the  provi- 
sions of  this  section,  shall  be  liable  to  a  penalty  of  fifty  dollars,  to  be  recovered  by 
the  person  aggrieved. 

Laws  1893,  ch.  661;  Cumming  and  Gilbert's  General  Laws  and  other  General  Stat- 
utes, 1901,  vol.  2,  p.  2897. 

EVAPORATED  APPLES. 

porated  <ippli* — prohibition.  No  person  shall  sell,  expose  or  offer  for 
sale  as  and  for  evaporated  apples  any  evaporated  apples  intended  to  be  used  for  food, 
or  for  consumption  by  any  person,  other  than  standard  evaporated  apples. 

Si:< .  186.  Evaporated  applet — standard.  Evaporated  apples  containing  not  more 
than  twenty-seven  per  centum  of  water  or  fluids  as  determined  by  drying  for  four 
hours  at  the  temperature  of  boiling  water  shall  be  considered  standard  evaporated 
apples  for  the  purposes  of  this  act. — Added  April  26,  1904,  by  Laws  of  1904,  vol  ?,  ch. 
891,  p.  991. 

Laws  of  1893,  ch.  338;  Cumming  and  Gilbert'-  General  Laws  and  other  General 
statutes,  Supplement  L904,  vol.  4,  art.  L3,  p.  15. 

FLOUR. 

70.  Quality  of  flour  casks.  All  wheat  Sour,  rye  Hour,  Indian  meal  or  buckwheat 
meal  manufactured  in  thifi  State  for  exportation  shall  be  packed  in  good  strong  casks 
made  of  seasoned  oak  or  other  sufficient  timber,  and  hooped  with  at  least  ten  hoops, 
three  "\  w  hich  -hall  he  on  each  chime,  and  properly  nailed. 

71.  Size  of  flour  casks.  The  casks  shall  be  of  two  sizes  only.  One  size  shall  con- 
tain one  hundred  and  ninety-six  pound.- of  Hour  or  meal,  with  staves  twent  \  -e\  en 
inches  long  and  each  head  sixteen  and  one-half  inches  in  diameter;  and  the  other 
size  shall  contain  ninety-eight  pounds,  with  Btaves  twenty-two  inches  long  and  each 

head  fourteen  inches  in  diameter,  or  w  ith  Btaves  twenty-seven  inches  long  and  each 
head  not  more  than  twelve  inches  in  diameter.     Bui   Indian  meal  may  likewise  be 

packed  in  hogsheads  which  -hall  contain  eight  hundred  pounds. 

72.  Brand  of  weight  <m<l  manufacturer.    The  casks  shall  be  made  a-  nearly  straighl 

a-  may  !>«■.  and  their  tare  -hall    he    marked   on    the  head  with  a  marking  iron:   they 

shall  be  branded  with  the  weight  of  the  Hour  and  meal  contained  therein,  and 
branded  or  painted  with  the  initial  letter  of  the  Christian  name  and  the  surname  at 


PCh  warrant-,   not  included.  in  Statutes. 


XKW     YORK.  '  4li9 

full  length  of  the  manufacturer  thereof;  excert  hogsheads  of  Indian  meal,  on  which 
the  weight  only  shall  be  branded. 

78.  Quality  brand.  Every  such  cask  of  wheat  flour  shall  also  be  branded  as  fol- 
lows: If  of  a  very  superior  quality  "  extra  superfine;"  if  of  a  quality  now  branded 
"superfine"  with  the  word  "superfine;"  if  of  a  third  quality,  ''line;"  if  of  a  fourth 
quality,  "  fine  middlings;"  if  of  a  fifth  quality,  "middlings;"  if  of  a  sixth  quality, 
"ship  >tuffs." 

74.  Quality  brand  for  rye  flour.  Each  cask  of  rye  flour  intended  for  the  first 
quality  shall  be  branded  with  the  words  "superfine  rye  Hour."  and  each  cask 
intended  for  the  second  quality  with  tin-  words  "  fine  rye  flour." 

75.  Brands  for  Indian  meal  and  buckwheat.  Each  cask  of  Indian  meal  shall  be 
branded  with  the  words  '"Indian  meal:"  and  each  cask  of  buckwheat  meal,  with  the 
letter  and  the  word  "B  meal." 

7(>.  False  brands;  pt  unit,/.  \  person  shall  not  knowingly  offer  for  Bale  any  cask  of 
flour  or  meal  upon  which  the  tare  is  undermarked,  or  in  which  then-  i-  a  less  quan- 
tity of  meal  than  is  branded  thereupon.  A  manufacturer  of  flour  or  meal  shall  not 
undermark  the  tare  of  any  cask,  or  put  therein  a  less  quantity  of  meal  than  is 
branded  thereupon;  but  if  the  light  weight  of  any  such  cask  has  been  occasioned  by 
some  accident  unknown  to  the  manufacturer,  and  which  happened  after  the  packing 
of  the  cask,  it  shall  not  be  deemed  a  violation  of  this  section.  A  person  violating 
any  provision  of  this  section  shall  forfeit  to  the  people  of  the  state  the  sum  of  five 
dollar-  for  every  such  violation. 

77.  Attering^or  counterfeiting  brands;  penalty.  No  person  shall  alter  or  counterfeit 
any  brand  marks,  whether  state  or  private,  made  under  the  provisions  of  this  article, 
or  put  any  flour  or  meal  in  any  empty  cask  previously  used  and  branded,  and  offer 
the  same  for  sale  in  such  cask  without  first  cutting  out  the  brands. 

A  person  violating  the  provisions  of  this  section  in  regard  to  altering  or  counter- 
feiting any  brand  marks  shall  forfeit  to  the  people  of  the  state  the  sum  of  one  hundred 
dollars  for  «ach  such  violation,  and  a  person  violating  any  other  provision  of  this 
section  -hall  forfeit  to  the  people  of  the  state  the  sum  of  five  dollars  for  each  such 
violation. 

7*v  Mixed  flours;  penalty.     No  person  shall  knowingly  offer  for  -ale  as  good  wheat 
flour,  any  Hour  which  contains  a  mixture  of  Indian  meal,  or  any  other  mixtu-. 
any  unsound  flour.      A  person  violating  thi.-  section  shall  forfeit  to  the  people  of  tin- 
state  tin'  -urn  of  live  dollars  for  each  Mich  violation. 

1*.).   Transportation  of  Indian  m<<i/;  penalty.     No  person  having  charge  of  any  \ 
shall  transport,  into  the  city  of  Now   York,  any  Indian  meal   upon   the  deck   of  any 

vessel.     Every  person  violating  thi-  section  shall  forfeit  to  the  people  of  thi 
twenty  cents  for  every  barrel  and  eighty  ecu'-  for  every  hogshead  transported  in 

violation  of  any  provision  of  this  section. 

Law- of  1896,  eh  376;  Cumming  and  Gilbert's  General  Laws  and  other  General 
Statutes,  1901,  vol.  i,  pp.1065-1067. 

B0N1  Y 

so.   /-  \     •  ■  '  o     -hall  keep  in  hi-  apiary  any  coloi 

affected  with  a  contagious  malady  known  as  foul  brood  or  black  bn 
beekeeper  when  he  becomes  a  ware  of  the  existence  of  either  of  su<  h 
his  bee-. -hall  immediately  notify  the  comn  ricultureof  the  < 

of  such  di  i  1 

80-a,  //  ■  -  Thetermi  "  bonej ."  '"liquid  oi 

honey,"  or  "  pure  honey,"  as  osed  in  I 

has  been  transformed  by,  and  is  the  natural  product  of  the  b<  i 
the  honeycomb  and  marketed  in  a  liquid,  candied  or  granulated  conditio] 
by  La 


430  Foci)-    AND    FOOD    OONTBOL. 

80-b.  Limitation  or  compovwl  honey  must  be  labeled.  >~o  person  or  persons  shall  sell, 
keep  f<  >r  sale,  expose  or  offer  for  sale,  any  article  or  product  in  imitation  or  semblance 
of  honey  branded  as  "  honey,"  "liquid  or  extracted  honey,"  "strained  honey,"  or 
••pure  honey"  which  is  not  pure  honey.  No  person  or  persons  firm,  association, 
company  or  corporation,  shall  manufacture,  sell,  expose  or  offer  for  sale  any  com- 
pound or  mixture  branded  or  labeled  as  and  for  honey  which  shall  be  made  up  of 
honey  mixed  with  any  other  substance  or  ingredient.  There  may  be  printed  on  the 
package  containing  such  compound  or  mixture  a  statement  giving  the  ingredients  of 
which  it  is  made;  if  honey  is  one  of  such  ingredients  it  shall  be  so  stated  in  the  same 
size  type  as  are  the  other  ingredients,  but  it  shall  not  be  sold,  exposed  for  sale,  or 
offered  for  sale  as  honey;  nor  shall  such  compound  or  mixture  be  branded  or  labeled 
with  the  word  "honey"  in  any  form  other  than  as  herein  provided;  nor  shall  any 
product  in  semblance  of  honey,  whether  a  mixture  or  not,  be  sold,  exposed  or 
offered  for  sale  as  honey,  or  branded  or  labeled  with  the  word  "honey,"  unless  such 
article  is  pure  honey. — Added  by  Laics  of  1902,  ch.  26. 

81.  hulk*  of  tin'  commissioner;  penalty.  The  commissioner  of  agriculture  shall 
immediately  upon  receiving  notice  of  the  existence  of  foul  brood  or  black  brood 
among  the  bees  in  any  locality,  send  some  competent  person  or  persons  to  examine 
the  apiary  or  apiaries  reported  to  him  as  being  affected,  and  all  the  other  apiaries  in 
the  immediate  locality  of  the  apiary  or  apiaries  so  reported;  if  foul  brood  or  black 
brood  is  found  to  exist  in  them,  the  person  or  persons  so  sent  by  the  commissioner 
of  agriculture  shall  give  the  owners  or  caretakers  of  the  diseased  apiary  or  apiaries 
full  instructions  how  to  treat  said  cases.  The  commissioner  of  agriculture  shall  cause 
said  apiary  or  apiaries  to  he  visited  from  time  to  time  a-  lie  may  deem  best  and  if, 
after  proper  treatment,  the  said  bees  shall  not  be  cured  of  the  diseases  known  as  foul 
brood  or  black  brood  then  he  may  cause  the  same  to  be  destroyed  in  such  manner  as 
may  be  necessary  to  prevent  the  spread  of  the  said  diseases.  For  the  purpose  of 
enforcing  this  act,  the  commissioner  of  agriculture,  his  agents,  employees,  appointees 
<>r  counsel,  shall  have  access,  ingress  and  egress  to  all  places  where  bees  or  honey  or 
appliances  used  in  apiaries  may  he,  which  it  is  believed  are  in  any  way  affected  with 
the  said  disease  of  foul  brood  or  black  brood  or  where  it  is  believed  that  any  com- 
modity is  offered  or  exposed  for  sale  in  violation  of  the  provisions  of  this  act  No 
owner  or  caretaker  of  a  diseased  apiary,  honey,  or  appliances  shall  sell,  barter  or 
give  away  any  bees,  honey  or  appliances  from  said  diseased  apiary,  which  shall 
expose  other  bees  to  the  danger  of  said  diseases,  nor  refuse  to  allow  the  said  commis- 
sioner of  agriculture,  or  the  person  or  persons  appointed  by  him  to  Inspect  said 
apiary,  honey,  or  appliances,  and  do  such  things  as  the  said  commissioner  of  agri- 
culture or  the  person  or  persons  appointed  by  him  shall  deem  necessary  for  the 
eradication  of  said  diseases.  Any  person  who  disregards  or  violates  any  of  the  pro- 
visions of  this  section  is  guilty  of  a  misdemeanor  and  shall  the"  punished  by  a 
line  of  not  less  than  thirty  dollars  nor  more  than  one  hundred  dollar-,  or  by  impris- 
onment in  the  county  jail  for  not  less  than  one  month  nor  more  than  two  months,  or 

by  both  tin.-  and  Imprisonment.--  Amended  by  Laws  of  is1.*'.',  ch.  ■.'.'■>',  and  Laws  of 
1902,  ch.  .'//• 

Cummingand  Gilbert's  General  Laws  and  other  General  statutes.  Supplement, 
L904,  vol.  I.  pp.  25-27. 

MAIM. I.  PRODUCTS. 

91.    (1)    Imitation  maple  products.      No  person   shall  manufacture  for  sale,  keep  for 

Bale,  or  offer  "i  expose  for  Bale,  any  sugar  in  imitation  or  semblance  of  maple  Bugar 
which  is  not  pun-  maple  Bugar,  nor  any  syrup  in  imitation  or  semblance  of  maple 
syrup,  which  Lb  not  pure  maple  syrup.     Nor  shall  any  person  manufacture,  offeror 

"So  in  Statute-. 


NEW    YORK.  431 

expose  for  sale  any  sugar  as  and  for  maple  sugar  which  is  not  pure  maple  sugar,  nor 
any  syrup  as  and  for  maple  syrup  which  is  not  pure  maple  syrup. 

(2)  Maple  sugar  and  syrup  defined.  For  the  purpose  of  this  act  the  term  "maple 
sugar"  shall  be  deemed  to  mean  sugar  made  from  pure  maple  sap  or  pure  maple 
syrup,  and  the  term  "maple  syrup"  shall  be  deemed  to  mean  syrup  made  from 
pure  maple  sap. — As  amended  by  ch.  194  of  the  Laws  of  1898. 

t)2.  Mixed  maple  products  to  be  labeled.  No  person  shall  manufacture,  sell  or  ei 
for  sale,  any  compoundor  mixture  as  and  tor  sugar  which  shall  be  made  up  ol  maple 
sugar  mixed  with  any  other  sugar  or  any  other  substance  without  branding  or  label- 
ing the  said  sugar  with  a  statement  giving  the  ingredients  of  which  it  is  made  up. 
No  person  shall  manufacture,  sell,  expose  for  Bale,  or  offer  for  sale  any  compound  or 
mixture  as  syrup  which  shall  be  made  up  of  maple  syrup  mixed  with  any  other 
syrup  or  ingredient  without  branding  or  labeling  said  syrup  with  a  statement  giving 
the  ingredients  of  which  it  is  made  up.  Thia  shall  not  be  construed  to  apply  to  a 
syrup  or  syrups  manufactured  and  sold  for  medical  purposes  only. — Added  by  Lowe 
of  1898,  ch.  194- 

Laws  1893,  ch.  338;  Gumming  and  Gilbert's  General  Laws  and  other  General 
Statutes.  1901,  vol.  1,  pp.  202-203. 

MEAT. 

70-e.    Slaughter  of  calves.     No  person  shall  slaughter  01  expose  for  sale,  or  sell  any 

calf  or  carcass  of  the  same  or  any  part  thereof,  unless  it  is  in  a  good  healthy  condition. 
No  person  shall -ell  or  expose  for  sale  any  such  calf  or  carcass  of  the  same  or  any 
part  thereof,  except  the  hide  unless  it  was,  if  killed  at  least  four  weeks  of  aire  at  the 
time  of  killing.  No  person  or  persons  shall  bring  or  cause  to  be  brought  into  any 
city,  town  or  village  any  calf  or  carcass  of  the  same  or  any  part  thereof  for  the  pur- 
poses of  selling,  offering  or  exposing  the  same  for  sale,  unless  it  is  in  a  ■_:<>< »<l  healthy 
condition  and  no  person  or  persons  shall  bring  any  such  calf  or  carcass  of  the  same 
or  any  pari  thereof  except  the  hide  into  any  city,  town  or  village  for  the  purp 
selling,  offering  or  exposing  the  same  for  sale,  unless  the  calf,  if  killed,  was  four 
weeks  of  Bgeal  the  time  of  killing,  provided  however  that  the  provisions  of  this 
statute  Bhall  not  apply  to  any  calf  or  carcass  of  the  Bameor  any  part  thereof,  which  is 
slaughtered,  sold,  offered  or  exposed  for  sale,  tor  any  other  purpose  than  for  food. 
Any  person  or  persons  exposing  for  sale,  selling  or  shipping  any  calf  or  caret 
the  same  will  he  presumed  to  be  bo  exposing,  selling  or  shipping  the  said  calf  or  carcass 

of  the  Same  for  food.      Any  person  or   persons  duly  authorized   by  the  commissioner 

of  agriculture  to  examine  any  calf  orveal  offered  or  exposed  for  sale  or  kept  with 
any  stock  of  goods  apparent] 3  exposed  for  sale  and  if  Buchcalfis  under  four  weeks 
of  age,  or  the  veal  is  from  a  calf  killed  under  four  weeks  of  age,  or  from  a  calf  in  an 
unhealthy  condition  when  killed,  he  maj  seize  the  same  and  cause  it  to  he  ,1.-" 
and  disposed  of  in  bucd.  manner  as  t<>  make  it  impossible  to  be  thereafter  used  for 
food. — As  amended  April  8t  1906.     /.■■  "•■  1,  ch.  /;/./</<. 

70-f.   Labeling  of  ca  "1  and  after  thi  I  this  ai  t  it  shall  be 

unlawful  for  any  corporation,  partnership,  person  01  » ship  to  or  from  any 

part  of  tin-  state  air.  r  an\  part  of  such  1 

except  the  hide,  unless  thej  shall  attach  to  1  ipped 

in  1  conspicuous  place  ■  tag,  that  shall  stay  thereon  during  such  transportation, 
stating  the  name  or  names  of  the  person  or  persons  s  ho  raised  th<  calf,  the  oai 
the  shipper,  the  point-  of  shipping  and  the  destination  and  the  age  of  the 

70-ir    Transportation.    <  m  and  after  the  passage  tct,  do  rai 

express  company,  steamboat  company,  or  other  common  carrlei ,  shall 

tor  transportation  any  carcass  or  carcasses  of  ml 

the  hide,  unless  the  said  1    •  us.-es  or  pai  I  shall  be  tagged  as  h< 

pio\  ided. 

LOOM     No  80,  pt  ">— 1*> -r) 


432  FOODS    AND    FOOD    CONTROL. 

Added  to  Laws  of  1893,  ch.  338,  by  Laws  of  1898,  ch.  491,  p.  1213,  and  reenacted 
without  change  February  19,  1902.  Laws  of  1902,  ch.  30;  Gumming  and  Gilbert's 
General  Laws  and  other  General  Statutes,  Supplement  1904,  vol.  4,  pp.  24-25. 

DO.  Construction  and  size  of  beef  or  pork  barrel*  and  tierces.  All  barrels  in  which  any 
pork  or  beef  is  repacked,  shall  be  of  good,  seasoned  white  oak  or  white  ash  staves 
and  heading,  free  from  every  defect;  and  each  barrel  shall  contain  two  hundred 
pounds  of  beef  or  pork. 

The  barrel  shall  measure  seventeen  and  one-half  inches  between  the  chimes,  and 
be  twenty-eight  inches  long,  and  hooped  with  twelve  good  hickory,  white  oak  or 
other  substantial  hoops"  If  made  of  ash  staves,  it  shall  be  hooped  with  at  least 
fourteen  hoope.  The  staves  and  heads  shall  be  of  good  thick  stuff,  the  heads  not 
less  than  three-quarters  of  an  inch  thick;  and  each  stare,  on  each  edge,  at  the  bilge, 
shall  not  be  less  than  one-half  an  inch  thick,  when  finished.  The  hoops  shall  be 
well  set  and  drove,  and  the  barrels  branded  on  the  bilge  with  at  least  the  initial 
letters  of  the  cooper's  name.  The  half  barrel  shall  contain  not  less  than  fifteen,  nor 
more  than  sixteen  gallons,  and  be  made  in  proportion  to  and  of  like  materials  as  a 
whole  barrel,  and  shall  contain  one-half  the  quantity  of  beef  or  pork  of  the  whole 
barrel. 

The  tierce  shall  be  made  in  proportion  to  and  of  like  materials  as  a  barrel,  and 
shall  contain  three  hundred  pounds  of  beef  or  pork. 

91.  Barrels  in  Suffolk,  Kings  and  Queens  counties.  All  beef  and  pork  which  is 
repacked  in  and  exported  from  the  counties  of  Suffolk,  Kings  and  Queens,  may  be 
packed  in  barrels  as  nearly  as  straigHl  ;is  may  be,  made  of  good,  seasoned  red  oak 
staves  and  heading  of  the  growth  of  such  counties  respectively,  free  from  sap  and 
every  defect  and  made  otherwise  as  above  directed. 

92.  Grades  of  pork.     Each  barrel  of  pork  shall  be  branded  on  one  of  its  heads  by' 
its  name,  and  contain  either  "mess  pork,"  "prime  pork,"  or  "cargo  pork."     "Mess  ] 
pork"  consists  of  the  sides  of  good,  fat  hogs,  exclusive  of  all  other  pieces.     "Prime 
pork"  is  pork  of  which  there  is  in  a  barrel  not  mure  than  three  shoulders,  the  legs 
being  cut  off  at  the  knee  joint,  not  more  than  twenty-four  pounds  of  heads  which 
have  the  ear-  and  snouts  cutoff,  the  snouts  cut  off  to  the  opening  of  the  jaws,  and 
the  brains  and  bloody  grizzle  taken  out  of  the  heads,  ami  the  rest   made  up  of  side 
pieces,  neck  and  tail  pieces.      "Cargo  pork"  is  pork  of  which  there  is  not  in  a  barrel 
more  than  thirty  pounds  of  head  and    four  shoulders,  and  it  shall  be  otherwise  mer- 
chantable  pork.      "Side  pork"  so  repacked  shall   be  cut  from  the  back  bone  to  the 
belly,  in   pieces  about   five  inches  wide,  and   which   in  weight  are  not   under  four  j 
pounds;  otherwise,  the  barrels  containing  the  same  shall  not  be  branded  merchant- 
able pork. 

Laws  of  L896,  ch.  376;  Gumming  and  Gilbert's  General  Laws  and  other  General 
Statutes,  L901,  vol.  1.  pp,  L067  68. 

OYSTERS 

81.  Quantity  brand;  penalty.  Ever)  person  engaged  in  putting  up  oysters  for  sale 
in  kegs  or  cans,  or  offering  them  for  sale  in  kegs  or  cans,  not  previously  marked  or 

branded,  -hall  mark  or  brand  such  kegS  or  cans  with   the  tine  <  plant  it  \   of  oysters  in 

pints,  quarts  or  gallons,  which  they  may  respectively  hold,  and  not  more  than  one 
quarter  of  such  quantity  shall  in-  Liquid. 

Every  person  violating  any  provision  of  this  section  shall  forfeit  to  the  city,  village 
or  town  where  the  violation  occur-,  the  sum  of  one  hundred  dollars  for  every  such 

violation. 

Law-  of  L896,  ch  376;  Gumming  and  Gilbert's  General  I. aw.-  and  other  General 
Statute-.  1901,  roL  I.  p.  1064. 


a  Statutes, 


NEW    YORK.  433 

VINEGAR. 

50.  Definition  of  adulterated  vinegar.  All  vinegar  which  contain!-  any  proportion  of 
Lead,  copper,  sulphuric  acid,  or  other  ingredients  injurious  to  health,  or  any  artificial 
coloring  matter  or  which  has  not  an  acidity  equivalent  to  the  presence  of  at  least  four 
and  one-half  per  centum,  by  weight,  of  absolute  acetic  acid,  or  cider  vinegar  which  has 
less  than  such  an  amount  of  acidity,  or  less  than  two  per  centum  of  cider  vinegar  Bolide 
on  full  evaporation  over  boiling  water,  shall  be  deemed  adulterated.  The  term  cider 
vinegar,  when  used  in  this  article  means  vinegar  made  exclusively  from  pure  apple 
juice.  Provided,  however,  that  cider  vinegar  made  by  a  farmer  in  this  state,  exclus- 
ively from  apples  grown  on  his  land,  or  their  equivalent  in  cider  taken  in  exchange 
therefor,  shall  not  be  deemed  adulterated,  if  it  contain  two  per  centum  solids  ami 
sufficient  alcohol  to  develop  the  required  amount  of  acetic  acid. — As  arm  nd\  d  Apr.  10, 
1901,  ch.  .308. 

51.  Adulterated  or  intit<iti<,n  vinegar.  No  person  shall  manufacture  for  sale,  keep 
for  sale  or  offer  for  sale: 

1.  Any  adulterated  vinegar. 

2.  Any  vinegar  or  product  in  imitation  or  semblance  of  cider  vinegar,  which  is  not 
cider  vinegar. 

3.  As  or  for  cider  vinegar,  any  vinegar  or  product  which  is  not  cider  vinegar. 

52.  Packages  containing  cider  vinegar  to  be  branded.  Every  manufacturer  or  pro- 
ducer of  cider  vinegar  shall  plainly  brand  on  the  head  of  each  cask,  barrel  keg  <»r 
other  package  containing  such  vinegar,  his  name  and  place  of  business  and  the  words 
''cider  vinegar."  And  no  person  shall  mark  or  brand  as  or  for  cider  vinegar  any 
package  containing  that  which  is  not  cider  vinegar. 

58.  Penalties,  livery  person  violating  the  provisions  of  this  article  shall  forfeit  and 
pay  to  the  people  of  the  state  the  sum  of  one  hundred  dollars  for  each  violation. 

Laws  of  1893,  eh.  338;  dimming  and  Gilbert's  General  Laws  and  other  General 
Statutes,  1901,  vol.  1,  art.  3,  pp.  177-178. 

WATER,  a 

70.  Rules  "ikI  regulations  of  department  <>f  health;  publication;  penalties.    The  state 

department  of  health  may  make  rules-  and  regulations  for  the  protection  from  con- 
tamination of  any  or  all  public  supplies  of  potable  waters  and  their  sources  within 
the  state.  If  any  such  rule  or  regulation  relates  to  a  temporary  source  or  act  of  con- 
tamination, any  person  violating  such  rule  or  regulation  shall  be  liable  1. 1  prosecution 
for  misdemeanor  for  every  such  violation,  and  on  conviction  shall   be  punished  by  a 

fine  not  exceeding  two  hundred  dollars,  <»r  imprisonment  nol  exceeding  one  year,  or 
both,  [f  any  such  rule  or  regulation  relates  to  a  permanent  source  or  ad  of  contami- 
nation, said  department  may  impose  penalties  for  the  violation  thereof  or  the  non- 
compliance therewith,  no1  exceeding  two  hundred  dollars  toreverysuch  violation 
or  noncompliance.     Every  such  rule  or  regulation  shall  be  published  at  least  once  in 

each  week    for  -i\  consecutive  weeks,  in  at    least  one  new -paper  of  the  county  w  here 

the  waters  to  w  hich  it  relate-  are  located.  The  cost  of  such  publication  shall  be  paid 
by  the  corporation  or  municipality  benefited  by  the  protection  of  the  water  supply, 
to  which  the  rule  or  regulation  published  relate-.  The  affida\  it  of  the  printer,  pub- 
lisher or  proprietor  of  the  new-paper  in  which  such  rule  or  regulation  is  published 
may  be  tiled,  with  the  rule  or  regulation  published,  in  the  county  clerk's  of! 
such  county,  and  .-uch  affidavit  and  rule  and  regulation  sh;ill  be  conclusive  e\  idence 
of  such  publication,  and  of  all  the  facts  therein  stated  in  all  courts  and  put 
Amended  by  I .■>■  -    ■.  ch.  .'•'</,  and  /■ 

For  complete  sewage  la*  for  protection  of  w ate i 


434  FOODS  AND  FOOD  CONTROL. 

71.  Inspection  of  water  supply.  The  officer  or  board  having  by  law  the  management 
and  control  of  the  potable  water  supply  of  any  municipality,  or  the  corporation  fur- 
nishing such  supply,  may  make  such  inspection  of  the  sources  of  such  water  supply, 
as  such  officer,  board  or  corporation  deems  it  advisable,  and  to  ascertain  whether  the 
rules  or  regulations  of  the  state  department  are  complied  with.  If  any  such  inspec- 
tion discloses  a  violation  of  any  such  rule  or  regulation  relating  to  a  permanent  source 
or  act  of  contamination,  such  officer,  board  or  corporation  shall  cause  a  copy  of  the 
rule  or  regulation  violated  to  be  served  upon  the  person  violating  the  same,  with  a 
notice  of  such  violation.  If  the  person  served  does  not  immediately  comply  with 
the  rule  or  regulation  violated,  such  officer,  board  or  corporation  shall  notify  the 
state  department  of  the  violation,  which  shall  immediately  examine  into  such  viola- 
tion; and  if  such  person  is  found  by  the  state  department  to  have  actually  violated 
such  rule  or  regulation,  the* commissioner  of  health  shall  order  the  local  board  of 
health  of  such  municipality  to  convene  and  enforce  obedience  to  such  rule  or  regula- 
tion. If  the  local  board  fails  to  enforce  such  order  within  ten  days  after  its  receipt, 
the  corporation  furnishing  such  water  supply,  or  the  municipality  deriving  its  water 
supply  from  the  waters  to  which  such  rule  or  regulation  relates,  may  maintain  an 
action  in  a  court  of  record,  which  shall  be  tried  in  the  county  where  the  cause  of 
action  arose  against  such  person,  for  the  recovery  of  the  penalties  incurred  by  such 
violation,  and  for  an  injunction  restraining  him  from  the  continued  violation  of  such 
rule  or  regulation. — Amended  by  Law*  of  1899,  eh.  $61,  "nd  Laws  of  1904,  eh.  -JSL 

Laws  of  1891,  eh.  661;  dimming  and  Gilbert's  General  Laws  and  other  Genera] 
Statutes,  Supplement  1904,  vol.  4,  p.  685. 

RULES  AND  REGULATIONS  OF  THE  STATE  BOARD  OF  HEALTH. 

The  state  board  of  health  at  a  meeting  held  on  the  twenty-fourth  of  February, 
eighteen  hundred  and  eighty-three,  unanimously  adopted  the  following  resolutions: 

Resolved,  That  under  and  pursuant  to  section  four  of  chapter  two  hundred  and 
seven  of  the  laws  of  eighteen  hundred  and  eighty-one,  the  following  mixtures  when 
distinctly  labelled  in  the  manner  provided  in  subdivision  seven  of  section  three  of 
said  act,  are  within  the  conditions  hereinafter  prescribed  declared  to  be  exempt  and 
permitted  to  be  sold  under  the  provisions  of  the  said  act. 

1st.  Coffee  mixtures  containing  no  other  substances  except  chicory,  peas  or  cere- 
als, and  in  which  mixtures  the  pure  coffee  -hall  ix>t  be  less  than  fifty  per  cent  of  the 

whole  mixture  or  compound,  provided  the  exact  percentage  of  coffee  be  printed  upon 

the  label  of  each  package. 

2d.  Mustard  mixture  with  wheat  or  rice  flour,  to  which  no  other  substance,  or 
article,  or  any  coloring  matter  except  turmeric  is  added,  and  in  which  mixture  the 
pure  farina  of  mustard  shall  not  be  less  than  forty  per  cent  of  the  whole  mixture  or 
compound,  exclusive  of  the  mustard  hulls. 

The  labels  on  the  above  mixtures  shall  contain  the  names  of  each  and  every  ingre- 
dient of  the  mixture. 

The  labels  shall  also  exhibit  the  percentage  o!  the  characteristic  constituents;  for 
example,  the  percentage  <>f  coffee  in  the  coffee  mixture,  ami  the  percentage  of 

mustard  in  the  mustard  mixture. 

The  above  mentioned  information  shall  be  printed  on  the  labels  in  black  ink,  in 
legible  antique  type  of  a  use  easily  to  be  read,  on  one  side  of  the  package.  Approved 
March  .",,  t88S. 

\t  a  meeting  «.f  the  state  board  of  health,  held  at  the  central  office,  January  b>, 
inn:*,  th<-  following  resolution  was  adopted: 

Mil.  Resolved,  That  under  and  pursuant  to  section  four  of  chapter  four  hundred 
and  seven  of  the  laws  of  eighteen  hundred  and  eighty-one  the  state  hoard  of  health 

hereby  fixes  the   limits  of  variability  permissible   m  cider  \  inegar,  which   shall  not 


NEW    YORK.  435 

contain  Lees  than  five  per  cent  of  pure  acetic  acid, and  shall  not  leave  on  evaporation 
less  than  one  and  one-half  per  cent  of  solid  matters,  the  same  being  weighed  after 
drying,  at  212°  Fahrenheit— Med  June  11,  1883. 

The  state  board  of  health,  by  virtue  of  power  conferred,  at  a  meeting,  held  on  the 
23rd  of  November,  1886,  does  hereby  declare: 

50c.  That  under  and  pursuant  to  section  four  of  chapter  four  hundred  and  - 
of  the  laws  of  eighteen  hundred  and  eighty  one,  the  following  goods  when  distinctly 
labeled  in  the  manner  provided  in  subdivision  seven  of  section  three  of  said  act,  are 
within  the  conditions  hereinafter  prescribed  declared   to  be  exempt  and  i>ermitted 
to  be  sold  under  the  provisions  of  the  said  act. 

Canned  peas  or  beans  in  the  preparation  of  which  copper  has  been  used,  provided 
that  the  proportion  of  metallic  copper  shall  not  exceed  three-fourths  of  a  grain  per 
avoirdupois  pound  of  peasor  beans,  equivalent  to  three  grains  of  crystallized  sulphate 
of  copper,  and  that,  the  same  be  plainly  stated  on  the  label.—  Approved  Dee.   .'.  1886. 


NORTH  CAROLINA. 

The  food  laws  of  North  Carolina  are  administered  by  the  State 
department  of  agriculture.  In  response  to  a  letter  of  inquiry,  the  fol- 
lowing statement  was  made  by  Mr.  T.  K.  Brunei',  the  secretary  of  the 
department: 

We  think  that  the  law  as  it  stands  now  is  fairly  satisfactory,  though  the  blends  of 
pure  food  would  like  a  stronger  and  more  effective  one.  However,  the  work  is  pro- 
gressing with  reasonable  satisfaction;  the  percentage  of  adulteration  found  last  pear 
of  approximately  250  samples  was  only  aboul  17  per  cent  of  those  examined. 

GENERAL  FOOD  LAWS. 

d  of  agriculture  to  analyse  foods,  etc.    That  for  the  purpose  of  protect- 
ing the  people  of  the  State  from  imposition  by  the  adulteration  and  misbranding  of 

articles  of  food,  the  Board  of  Agriculture  shall  cause  to  be  procured  from  time  to 
time,  and  under  rules  and  regulations  to  be  prescribed  by  them,  in  accordance  with 
section  nine  of  this  act,  samples  of  food,  beverages  and  condiments  offered  for  sale 
in  the  State,  and  shall  cause  the  same  to  be  analyzed  or  examined  microscopically 
or  otherwise  by  the  chemists  or  other  experts  of  the  Department  of  Agriculture. 
The  Board  of  Agriculture  is  hereby  authorized  to  make  such  publications  of  the 
results  of  the  examinations,  analyses  and  so  forth  as  they  may  deem  proper. 

Bbo.  2.  Penalty  for  handling  adulterated  or  misbranded  foods.  That  no  person,  by 
himself  or  agent,  shall  knowingly  manufacture,  sell,  expose  for  sale  or  have  in  his 
—  ion  with  intent  to  sell,  any  article  of  food  which  is  adulterated  or  misbranded 
within  the  meaning  of  this  act;  and  any  person  who  shall  violate  any  of  the  pro- 
visions of  this  act  shall  be  guilty  of  a  misdemeanor,  and  for  such  offense  shall  be 
lined   not   exceeding  two  hundred  dollars   for  the  first   offense,  and    for  each  suhse- 

quent  off ense  not  exceeding  three  hundred  dollars  or  be  imprisoned  not  exceeding 
one  year,  or-  both,  in  the  discretion  of  the  Court;  and  such  fines,  less  legal  i  osts  and 
charges,  shall  be  paid  into  the  treasury  of  the  state  for  the  benefit  of  the  I  department 
of  Agriculture,  to  be  used  exclusively  in  executing  the  provisions  of  this  act 

[uthenticated  analyses  showing  fraud  to  o,  certified  by  solicitors.  That  the 
chemists  or  other  experts  of  the  Department  of  Agriculture  shall  make,  under  rules 
and  regulations  prescribed  by  the  Board  of  Agriculture,  examination- of  specimens 
of  food]  beverages  and  condiments  offered  for  sale  in  North  Carolina  which  maj  be 
collected  from  time  to  time  under  their  directions  in  various  parts  of  the  state.  If 
it  shall  appear  from  such  examination  that  any  of  the  provisions  of  this  act  have 
hem  violated,  the  Commissioner  of  agriculture  shall  at  once  certify  the  facts  to  the 

proper  solicitor,  and   furnish   that   officer  a  Copy   of  the  result   of   the  analysis  duly 

authenticated    by  the  analyst  under  oath.      In  all  prosecutions  arising  under  -aid  act 

as  amended  the  certificate  of  the  chemist  making  the  analysis  or  test,  when  duly 
sworn  to  by  such  analyst,  shall  be  prima  facu  evidence  of  the  fad  or  facte  therein 
certified. 

it  it  shall  appear  from  such  examination  or  analysis  that  any  of  the  dkn  isione  <>f 
-aid  act  have  bt  en  or  are  being  violated,  the  I  bmmissionerol  Agriculture  shall  cause 


NORTH    CAROLINA.  437 

to  be  published  in  the  newspaper  having  the  largest  circulation  in  the  town  or  city 
in  which  such  violation  has  been  committed,  and  in  any  other  newspaper  in  his  dis- 
cretion, a  brief  statement  of  the  results  of  the  examination  or  analysis,  with  the 
name  of  the  person  or  firm  having  committed  such  violation,  and  the  name  of  the 
person  or  firm  manufacturing  or  packing  such  product. — A*  amended  Februa 
1905,  Public  Lavs  1906,  ch.  306,  pp.  SS9S40. 

Sec.  4.  Prosecutions.     That  it  shall  be  the  duty  of  every  solicitor  to  whom  the 
Commissioner  of  Agriculture  shall  report  any  violation  of  this  act,  to  cause  pn 
ingS  to  be  commenced  and  prosecuted  without  delay  for  the  fines  and  penalties  in 
such  cases  provided. 

Sec.  5.  "Food"  and  "miebranded"  defined.  That  tin-  term  "food"  a-  used  herein 
shall  include  all  articles  used  for  food — candy,  condiment  or  drink,  by  man  or 
domestic  animals,  whether  simple,  mixed  or  compound.  The  term  "misbranded" 
as  herein  used  shall  include  all  articles  of  food  or  articles  which  enter  into  the  com- 
position of  food,  the  package  or  label  of  which  shall  bear  any  statement  purporting 
to  name  any  ingredients  or  substance-  as  being  contained  or  not  being  contained  in 
such  article,  which  statement  shall  be  false  in  any  particular. 

Sec  6.  "Adulteration"  defined.  That  for  the  purpose  of  this  act  an  article  of  food 
shall  be  deemed  adulterated — 

First,  li  any  substance  or  substances  has  or  have  been  mixed  or  packed  with  it, 
so  as  to  reduce  or  lower  or  injuriously  affect  its  quality  or  Btrength  bo  that  such 
product  when  offered  for  sale  shall  deceive  or  tend  to  deceive  the  purchae 

Second.  If  any  inferior  substance  or  substances  has,  or  have  been  substituted 
wholly  Oj  in  part  for  the  article  so  that  the  product  when  sold  shall  deceive  or  tend 
to  deceive  the  purchaser. 

Third.  If  any  valuable  constituent  of  the  article  has  been  wholly  <>r  in  part 
abstracted  bo  that  the  product  when  sold  shall  deceive  or  tend  to  deceive  the  pur- 
chaser. 

Fourth.  If  it  be  an  imitation  of,  and  Bold  under  the  specific  name  of  another 
article. 

Fifth.  If  it  be  mixed,  colored,  powdered,  coated,  polished  or  stained  in  a  manner 

whereby  damage   or  inferiority   Lfi  Concealed,  90  that  SUCh   product   when  sold   shall 
deceive  Or  tend  tO  deceive  the  purcha- 

sixth.  If  it  contain  any  added  poisonous  ingredient,  or  any  ingredient  which  maj 
render  such  article  injurious  to  the  health  of  the  persou  < Burning  it. 

If  it  contain  any  of  the  following  Bubstances,  which  are  hereby  declared  delete- 
rious and  dangerous  to  health  when  added  to  human  food,  to- wit:  Colors  which 
contain  antimony,  arsenic,  barium,  lead,  cadmium,  chromium,  copper,  mercury,  ura- 
nium or  zinc;  or  the  following  colors:  gamboge,  corallin,  picric  acid,  aniline,  or  any 
of  the  coal-tar  .lye.-;  saccharine,  dulcin,  glucin  or  any  other  artificially  or  synthetic- 
ally prepared  substitute  for  sugar;  paraffine,  formaldehyde,  beta-napthol,  abrastol, 
benzoic  acid  or  benzoates,  salicylic  acid  or  salic}  iat-  b,  boric  acid  or  borates,  iulphur- 
ous  a<id  or  sulphites,  hydrofluoric  <>r  anj  fluorine  compounds,  sulphuric  acid  <>r 
potassium  sulphate  or  wood  alcohol:  Prox  ided,  that  catsups  and  condimental 
may,  when  the  fact   is  plainly  and   legiblj  stated  in  the  English   la  a  the 

w  rapper  and  label  of  the  package  in  w  Inch  it  is  retailed,  contain  not  to  exceed  two- 
tenths  of  one  per  cent  of  benzoic  add  or  its  equivalent   in  sodium  1 
mented  liquors  may  contain  not  to  exceed  tw<   tenths  ol  one  \-  bined 

sulphuric  acid,  and  not  to  exceed  eight-thousandths  of  one  per  cent   ol  sulphurous 

acid. 

Seventh,  [f  it  be  labeled  or  branded  so  as  to  d< 
purport  t..  be  ■  foreign  product  when  branded  so,  oi  in  an  ii 
or  label  of  an  established  proprietary  product,  which  has  been  trade-marki 

patented. 


438  FOODS  AND  FOOD  CONTROL. 

Eighth.  If  it  consists  of  the  whole  or  any  part  of  a  diseased,  filthy,  decomposed 
or  putrid  animal  or  vegetable  substance,  or  any  portion  of  an  animal  unfit  for  food, 
whether  manufactured  or  not,  or  if  it  is  the  product  of  a  diseased  animal  or  of  an 
animal  that  has  died  otherwise  than  by  slaughter. 

In  cases  of  meats,  oysters  or  fish  sold  or  offered  for  sale  in  the  fresh  state,  if  such 
meats,  oysters  or  fish  shall  have  been  inoculated,  dusted,  powdered,  sprayed,  rubbed, 
anointed,  washed,  sprinkled  or  fumigated,  or  in  any  manner  treated  with  any  of  the 
substances  declared  deleterious  and  dangerous  by  this  act,  or  with  any  antiseptic  or 
chemical  preservative  or  dyestuff  whatsoever,  whose  use  and  apparent  purpose  is  to 
retard,  prevent  or  mask  decomposition,  or  to  give  to  the  meat,  oysters  or  fish  a  false 
appearance  of  freshness  or  quality.  In  addition  to  the  ways  already  provided,  sausage 
shall  be  deemed  adulterated  if  it  is  composed  in  any  part  of  liver,  lungs,  kidneys  or 
other  viscera  of  animals:  Provided,  that  the  use  of  animal  intestines  as  sausage  cas- 
ings shall  not  be  deemed  an  adulteration. 

Ninth.  That  candies  and  chocolate  may  be  deemed  to  be  adulterated  if  they  con- 
tain terra  alba,  barytes,  talc,  chrome  yellow  or  other  mineral  substances,  or  poisonous 
colors  or  flavors,  or  other  ingredients  deleterious  or  detrimental  to  health:  Provided, 
That  an  article  of  food,  beverage,  or  condiment  which  does  not  contain  any  added 
poisonous  ingredient  shall  not  be  deemed  to  be  adulterated  in  the  following  cases: 

First.  In  the  case  of  articles,  mixtures  or  compounds  which  may  be  now,  or  from 
time  to  time  hereafter,  known  as  articles  of  food,  beverages  or  condiments  under 
their  own  distinctive  names,  and  not  included  in  definition  fourth  of  this  section. 

Second.  In  the  case  of  articles  labeled,  branded  or  tagged  so  as  to  plainly  indicate 
that  they  are  mixtures,  compounds,  combinations,  imitations  or  blends. 

Third.  When  any  matter  or  ingredient  has  been  added  to  the  food,  beverage  or 
condiment  because  the  same  is  required  for  the  production  or  preparation  thereof  as 
an  article  of  commerce,  in  a  state  fit  tor  carriage  or  consumption,  and  not  fraudulently 
to  increase  the  bulk,  weight  or  measure  of  the  food,  beverage  or  condiment,  or  con- 
ceal the  inferior  quality  thereof:  Provided,  That  the  same  shall  be  labeled,  branded 
or  tagged  as  prescribed  by  the  Board  of  Agriculture,  so  as  to  show  them  to  be  com- 
pounds and  the  exact  character  thereof:  And  provided  further ,  That  nothing  in  this 
act  shall  be  construed  as  requiring  or  compelling  proprietors  or  manufacturers  of  pro- 
prietary foods  to  disclose  their  trade  formulas  except  in  so  far  as  the  provisions  of 
this  act  may  require  to  secure  freedom  from  adulteration  or  imitation:  Provided  fur- 
ther, That  nothing  in  this  act  shall  be  construed  to  apply  to  proprietary  or  patent 
medicines. 

Fourth.  Where  the  food,  beverage  or  condiment  is  unavoidably  mixed  with  some 
harmless  extraneous  matter,  in  the  process  of  collection  or  preparation:  Provided 
further,  Thai  no  person  shall  be  convicted  under  the  provisions  of  this  act  when  he 
is  able  to  prove  a  written  guaranty  of  purity  in  a  form  approved  by  the  Board  of 
Agriculture  as  published  in  their  rules  and  regulations,  signed  by  the  wholesale  job- 
ber, manufacturer  or  other  party  from  whom  he  purchased  said  article. — At  amended 
March  8,  1899,  Public  Lawt  1899,  ch.  869,  p.  509,  and  at  further  amended  February  97, 
Public  Laws  1906,  ch.  806,  p. 

Sb  .  7.  Branding.  That  the  Board  of  Agriculture  is  hereby  authorised  to  cause  all 
compound,  mixed  or  blended  products  to  be  properly  branded  and  prescribe  how 

tlii-  -hall  be  done. 

Bbi  B.  Exemptions.  That  it  shall  be  the  duty  of  the  Board  of  Agriculture  to  pre- 
pare  and    publish    from    time  to   time    lists   of   the  articles,  mixtures  or  compounds 

declared  to  be  exempt  from  the  provisions  "t  thie  ad  in  accordance  with  section  six. 
The  Board  of  Agriculture  shall  also  from  time  to  time  tix  and  publish  the  limits  of 
variability  permissible  in  an)  article  of  food,  beverage  or  condiment,  and  these  stand- 
ards when  BO  published  .-hall  remain  t  he  standard-   before  all  courts:    Provided,  That 

when  standards  have  been  or  may  be  lixed  by  the  Secretary  of  Agriculture  of  the 


NORTH    CAROLINA.  439 

United  States,  they  shall  be  accepted  by  the  Board  of  Agriculture  and  published  as 
the  standards  for  North  Carolina. 

Sec.  9.   Samples  for  analysis.     That  every  person  who  exj-  Le  «»r  deliv< 

a  purchaser  any  condiment,  beverage  or  article  of  food,  shall  furnish,  within  busi- 
ness hours,  and  upon  tender  and  full  payment  of  the  selling  price,  a  sample  of  such 
condiments,  beverages  or  articles  of  food  to  any  person  duly  authorized  by  the 
Board  of  Agriculture  to  secure  the  same  and  who  shall  apply  to  such  manufacturer 
or  vender  or  person  delivering  to  a  purchaser  such  beverage  or  article  of  food,  for 
such  sample  for  such  use  in  sufficient  quantity  for  the  analysis  of  such  article  or 
articles  in  his  possession. 

Sec.  10.  Penalty  for  hindering  enforcement  of  law.  That  any  manufacturer  or  dealer 
who  refuses  to  comply  upon  demand  with  the  requirements  of  section  nine  of  this 
act,  or  any  manufacturer,  dealer  or  person  who  shall  impede,  obstruct,  hinder  or 
otherwise  prevent  or  attempt  to  prevent  any  chemist,  inspector  <>r  other  person  in 
the  performance  of  his  duty  in  connection  with  this  act  shall  be  guilty  of  a  misde- 
meanor and  shall  upon  conviction  be  fined  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars,  or  be  imprisoned  not  more  than  one  hundred  days,  or  both,  in 
the  discretion  of  the  Court,  and  said  fines,  less  the  legal  costs,  shall  be  paid  into  the 
treasury  of  the  State  for  the  benefit  of  the  Department  of  Agriculture,  to  be  used 
exclusively  in  executing  the  provisions  of  this  act 

Bbc.  11.  Other  legislation.  That  this  act  shall  not  be  construed  to  interfere  with 
commerce,  or  any  interstate  commerce  laws  of  the  United  State-. 

Sec  12.    Law* repealed.     That  chapter  one  hundred  and  twenty-two,  Public  Laws 
of  one  thousand  eight  hundred  and  ninety-five,  be  and  the  same  is  hereby  repealed. 
As  amended  March  3,  1899,  Public  Laws  1899,  ch.  369,  p.  509. 

S»C.  13.  That  this  act  shall  be  in  force  from  the  tirst  .lay  of  August,  one  thousand 
eighl  hundred  and  ninety-nine. 

Ratified  February  13,  1899.     Public  Laws,  1899,  ch.  86,  p.  216. 

ALCOHOLIC  BEVERAGES 

\)S'l.  Manufacturing,  selling  or  importing  adulterated  liquors.  It'  any  person  shall 
adulterate  any  spirituous,  alcoholic,  vinous  or  malt  liquors  by  mixing  the  same  with 
any  substance  of  whatever  kind,  except  as  hereinafter  provided,  or  if  anj  person 
shall  sell  or  offer  to  sell  any  spirituous,  alcoholic,  vinous  or  malt  liquors,  Knowing 
the  same  to  he  thus  adulterated,  or  shall  import  into  this  state  any  BpiritUOUfl  or 
intoxicating  liquors,  ami  sell  or  offer  to  sell  such   liquor,   knowing  the  same  to  be 

adulterated,  he  shall  be  guilty  of  a  misdemeanor,  and  fined  and  imprisoned,  or  both, 

at  the  discretion  of  the  court. 
J)s.3.  Addition  of  injurious  ingredients.     Any  person  who  shall  manufacture,  sell,  <>r 

in  any  way  deal  out  spirituous  liquors,  of  any  name  or  kind,  to  be  DSed  Bfl  a  drink  OF 

beverage,  and  the  same  shall  be  found  to  contain  any  foreign  properties  or  Lngredi 
ents  poisonous  to  the  human  system,  shall  be  guilty  of  a  high  misdemeanor,  and 
imprisoned  in  the  penitentiary  not  less  than  five  year-,  and  may  be  lined  in  the  dia- 
cattion  of  the  court.  It  shall  be  competent  for  any  citiaen  after  making  pui 
of  any  Bpirituous  liquors,  to  cause  the  same  to  be  analysed  '>>  some  known  compe- 
tent chemist,    and    if    upon   BSCll   an-l\M<   it   shall    he  found   to  contain   I 

poisonous  matter  it  shall  be  prima  facie  evidence  against  the  part]  making  mien  a 

sale. 

9st.  Recipes  for  adulteration;  druggists,  sic.,  exempt     Any  person  who  shall  sell  or 
offer  to  sell  any  recipe  or  formula  whatever  for  adulterating  an)  Bpirituou 
hohc  liquors,  by  mixing  the  same  with  any  substance  of  whatever  kind,  except 
hereinafter  pro>  ided,  shall  be  guilt]  of  ■  misdemeanor,  and  lined  and  im|  • 
is  provided  in  the  preceding  section    Provided,  that  this  lection  and  the  t*o  |>n 


440  FOODS  AND  FOOD  CONTROL. 

ing  sections  shall  not  be  so  construed  as  to  prevent  druggists,  physicians,  and  persons 
engaged  in  the  mechanical  arts,  from  adulterating  liquors  for  medicinal  and  mechan- 
ical purpo- 

Code  1883,  vol.  1,  p.  402. 

BUTTER. 

Sec.  1.  "Butter"  defined.  For  the  purpose  of  this  act  the  word  "  butter"  shall  be 
understood  to  mean  the  product  manufactured  and  compounded  from  fresh  and  pure 
milk  and  cream. 

Sec.  2.  Imitation  butter  named.  For  the  purpose  of  this  act  any  article  manufac- 
tured or  compounded  in  imitation  or  Bemblance  of  butter,  bs  defined  in  section  one 
of  this  act,  which  shall  be  composed  of  any  ingredient  or  ingredients  in  combination 
with  butter,  shall  be  known  as  "oleomargarine"  and  "butterine,"  and  it  shall  be 
unlawful  to  manufacture,  keep  for  sale,  offer  for  sale,  export  or  import  same,  except 
in  accordance  with  the  provisions  of  this  act. 

Sec.  3.  Labeling  of  oleomargarine,  etc.  Every  manufacturer  of  said  "oleomarga- 
rine" and  "butterine  "  shall  securely  affix  by  pasting  on  each  package,  tub  or  firkin 
thereof  so  manufactured  by  him  a  label,  on  which  shall  he  printed  in  large  roman 
type  the  chemical  ingredients  and  the  proportions  thereof.  Every  manufacturer  of 
such  compound  who  neglects  to  affix  such  label  to  any  package,  tub  or  firkin  con- 
taining such  compound  manufactured,  sold  or  offered  for  sale  by  him,  and  every 
person  who  removes  such  label  so  affixed  from  any  such  package,  tub  or  firkin  shall 
be  guilty  of  a  misdemeanor  and  punished  as  hereinafter  provided. 

Sec.  4.  Interstate  commerce  act.  This  act  shall  not  be  construed  as  to  prohibit  the 
manufacture  or  sale  of  said  compound,  or  in  any  degree  violate  the  provisions  of  the 
interstate  commerce  law  relative  to  this  particular  subject.  The  said  compound, 
however,  shall  not  be  manufactured,  sold,  nor  offered  for  sale,  except  in  accordance 
with  the  provisions  of  this  act. 

Sec.  5.  Penalty.  It  shall  be  the  duty  of  the  district,  county  and  city  attorneys, 
upon  proper  information  that  any  of  the  provisions  of  this  act  have  been  violated  to 
prosecute  such  offender  before  any  court  of  jurisdiction,  and  upon  conviction  thereof 
shall  be  punished  by  a  line  of  not  less  than  fifty  dollars,  or  by  imprisonment  in  the 
county  jail  not  exceeding  thirty  days;  and  for  each  subsequent  offence  by  a  tine  not 
Less  than  two  hundred  dollars  or  by  imprisonmenl  not  Less  than  six  months  or  both 
in  the  discretion  of  the  court. 

BBC.  6.   This  act  shall  l>e  in  force  thirty  days  after  its  passage. 

Approved  February  28,  L896,     Public  Acts,  L895,  ch.  106,  p.  105. 

CORN  MEAL. 
I.  Standard  weight.    Tho  standard  weigh!  of  a  bushel  of  corn  meal,  whether 

bolted  Or  unbolted,  shall  be  forty-eight  (48)  pounds. 

Sbi     2.    Mark*.      It  shall  be  unlaw  lul  for  any  person  or  persons  to  pack  for  sale,  sell 

or  offer  for  sale  in  this  State  any  corn  uie;d  except  in  bags  01  packages  containing  by 
standard    weight    tWO  bushels  or  one  bushel  or  ouedialf    hui-hel  Or  one-fourth    bushel 

or  one-eighth  bushel  respectively.  Bach  bag  or  package  of  corn  meal  shall  have 
plainly  printed  <»r  marked  thereon  whether  the  meal  is  "bolted"  or  "unbolted," 
the  amount  it  contains  in  bushels  or  fraction  of  ■  bushel,  and  the  weight:  Provided, 
the  provisions  of  this  section  shall  not  apply  to  the  retailing  of  meal  direct  to  custom- 
en  from  bull  BtOCS  when  priced  and  delivered  bj   actual  weight  or  measure. 

Sac.  •''».  Penalty.  Any  person  or  persons  violating  either  of  the  foregoing  sections 
of  this  a<t  shall  be  deemed  guilty  of  ■  misdemeanor,  and  <>n  cou\  iction  thereof  shall 
be  punished  by  tine  not  exceeding  flftj  dollars  or  by  imprisonmenl  not  exceeding 

thirty  da\  -. 


NORTH    CAROLINA.  441 

Sec.  4.  Effect.  This  act  shall  he  in  force  and  effect  from  and  after  June  first,  one 
thousand  nine  hundred  and  five. 

Sec.  5.  Repeal.  All  acts  or  parts  of  acts  in  conflict  with  this  act  be  and  the  same 
are  hereby  repealed. 

Approved  February  7,  1905.     Public  Laws  1905,  eh.  126,  pp.  143-144. 

MEAT. 

Sec.  1.  Diseased  animals;  penalty.  Any  person  or  persons,  firm  or  corporation, 
who  knowingly  and  willfully  slaughters  any  diseased  animal  and  sells  or  offers  for 
sale  any  of  the  meat  of  the  said  diseased  animal  for  human  consumption;  or  any 
person  or  persons,  firm  or  corporation  who  knows  the  meat  offered  for  sale  or  Bold 
for  human  consumption  by  such  person  or  persons,  firm  or  corporation  is  that  of  any 
diseased  animal  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined 
or  imprisoned,  or  both,  in  the  discretion  of  the  court. 

L>.    "Effect.     This  ad  shall  be  in  force  from  and  alter  its  ratification. 

Approved  February  25,  1905.      Public  haws  1905,  ch.  903,  p.  337. 

WATER. 

Sec.  1.  Laboratory  of  hygiene.  For  the  better  protection  of  the  public  health  and 
to  prevent  the  spread  of  communicable  diseases  there  shall  be  established  a  State 
laboratory  of  hygiene,  the  same  to  be  under  the  control  and  management  of  the 
State  Board  of  Health. 

2.  Examination  of  potabL  waters.  It  shall  be  the  duty  of  the  State  Board  of 
Health  to  have  made  in  such  laboratory  monthly  examinations  of  samples  from  all 
the  public  water  supplies  of  the  State.  The  board  shall  also  cause  to  be  made  exami- 
nations of  well  and  spring  waters  when  in  the  opinion  of  any  county  superintendent 
of  health  or  any  registered  physician  there  is  reason  to  suspect  such  waters  of  being 
contaminated  and  dangerous  to  health.  The  board  shall  likewise  have  made  in  this 
laboratory     *     *     *     such  other  examinations  as  the  public  health  may  require. 

Sac.  3.  Appropriation,  For  the  support  of  the  said  laboratory  the  sum  of  twelve 
hundred  dollars  i>  hereby  appropriated  and  an  annual  tax  of  sixty  dollars,  payable 
quarterly,  by  each  and  every  water  company,  municipal,  corporate  and  private, 
selling  water  to  the  people,  said  tax  to  be  collected  by  the  sheriff  as  other  taxes  and 
paid   by  said   sheriff  directly  to  the  treasurer  of  the  Stale   Board  of    Health,  and   the 

printing  and  stationery  necessary  for  the  laboratory  to  be  furnished  upon  requisition 

Upon  the  State  Printer. 

Bbc.  i.  Repeal.  Section  seventeen  of  chapter  one  hundred  and  fifty-nine  of  the 
Law-  of  one  thousand  nine  hundred  and  three  is  hereby  repealed. 

Sk«  .  5.    Effect     This  act  shall  be  in  force  from  and  after  its  ratification. 
Ratified  March  4,  L906.     Public  Law-  1906,  ch.  415,  pp.  424-4J 

STANDARDS  AND  Bl  LINGS  01  THE  BOARD  OF    LGRIOULTURE  I  \l>l  i: 

THE  PUB1  -FOOD  LAIR 

Vinegar.'   To  be  standard,  vinegar  shall  contain  not  lees  than  i  per  cent  of  i 
acid.     When  of  lees  strength  the  pi  of  acetic  add  must  be  branded  on  < 

package  in  which  it  is  sold,  exposed,  or  offered  for  sale.  Vinegar  most  not  contain 
any  preparation  of  lead,  copper,  sulphuric  acid,  or  other  ingredients  injurious  to 
health,  and  w  hen  artificially  colored  the  fad  shall  be  made  know n  by  ■  proper  label 
(as  designated  under  paragraph  on  "Labeling"    attached  I  lekagein  which 

it  is  -old,  exposed,  oi  offered  Eoi  sale. 

A.ppk  cider  o  orchard  vinegar  must  be  made  from  the  pure  Joice  "t  applet 


4 4 W  FOODS    AND    FOOD    CONTROL. 

from  foreign  substances,  and  must  contain  not  less  than  1}  per  cent  of  apple  cider 
solids. 

Other  vinegars  must  be  sold  under  names  which  represent  truly  the  material  or 
materials  from  which  they  arc  severally  made,  as  "Malt  vinegar,"  "Grape  vinegar." 

All  fermented  and  not  distilled  vinegars  must  contain  not  les9  than  1£  per  cent  of 
the  solids  of  the  grains  or  fruits  from  which  they  are  made. 

Distilled  vinegar  must  be  labeled  and  sold  as  such. 

Milk. — Milk  must  be  irom  healthy  cows  and  must  contain  at  least  12  per  cent  of 
total  solids  and  .'!  per  cent  of  butter  fat,  unless  labeled  or  sold  as  " skimmed  milk" 
or  milk  below  standard.  Coloring  matter  or  preservatives  must  not  be  added  unless 
the  cans  from  which  the  milk  is  sold  are  conspicuously  labeled  to  show  such  addi- 
tion, and  written  notice  is  served  on  each  customer  stating  the  kind  and  amount  of 
coloring  matter  or  preservative  or  both  used  to  the  gallon. 

Butter. — Butter  must  contain  not  less  than  80  per  cent  of  milk  fat.  without  admix- 
ture of  any  other  animal  or  vegetable  fats. 

Process  butter. — Deteriorated  or  unmarketable  butter,  which,  by  any  process  or 
remelting,  or  working  over,  has  been  made  marketable,  must  be  branded  and  sold  as 
'•  Process  butter."  and  each  package  so  sold,  offered,  or  exposed  must  be  so  labeled 
as  to  fairly  and  clearly  furnish  this  information. 

Oleomargarine.  —Oleomargarine,  butterine,  and  kindred  mixtures  of  animal  and 
vegetable  fats,  or  mixtures  of  these  with  butter,  must  be  sold  under  their  own  dis- 
tinctive names  as  oleomargarine  or  butterine,  and  each  package  so  sold,  offered,  or 
exposed  for  sale  must  be  so  labeled  (as  prescribed  under  paragraph  headed  "Label- 
ing") as  to  furnish  clearly  and  fairly  this  information. 

Cheese. — Cheese  not  made  wholly  from  pure,  unskimmed  milk  or  cream  must  be 
sold  as  "Skim  milk  chei  se,"  and  where  other  fats  have  to  be  added  it  must  be  sold 
as  "Filled  cheese,"  and  each  cheese  must  be  so  labeled  as  to  furnish  this  informa- 
tion, as  directed  under  the  labeling  paragraph. 

Lard. — Lard  is  the  rendered  fat  of  swine  and  should  contain  not  less  than  99  per 
cent  of  this  fat.  Other  fats  and  oils,  and  mixtures  of  them,  must  be  sold  under  their 
true  name  or  coin  names,  or  as  "Lard  substitutes."  An  admixture  of  other  fat  or 
fata,  with  a  considerable  percentage  of  lard,  may  be  Bold  as  "Lard  compound;" 
otherwise  it  must  be  sold  as  adulterated  lard. 

Oils.—  Oils,  as  olive  and  cotton  seed,  must  be  sold  under  their  true  names  or  under 
names  that  will  not  mislead  as  to  their  true  character;  and  when  mixed  or  blended 
the  fad  shall  be  made  known  by  proper  and  conspicuous  labeling  on  the  containing 
vessels;  otherwise  they  must  be  branded  and  sold  as  "adulterated." 

Spices  and  peppers. — Spices  and  peppers  must  be  pure  and  true  to  name,  and  must 
not  be  mixed  with  other  substances  or  with  exhausted  or  Impure  articles  of  their 
own  kind,  unless  labeled  and  sold  as  adulterated. 

Mustard.  —  Dry  mustard   must  be  pure.      Mixtures  of  mustard,  vinegar,  and  spices 

may  be  sold  as  "Prepared  mustard,"  but  must  not  be  diluted  with  starch  or  other 
materials  unless  the  facl  is  made  known  on  the  label. 

Ciders  and  fruit  juices.  These  must  be  made  of  unadulterated  fruit  juices,  and  be 
Bold  under  the  name  of  tho  tin  it  from  which  made.     N<.  preservative,  color,  or  flavor 

shall    be   added,  unless  the   fact    is    made    known    by    proper   label   attached    to   each 

package.  When  artificially  colored  or  Savored,  or  both,  they  must  be  sold  as 
"adulterated"  or  '•imitation"  products,  in  which  case  any  added  preservative  must 

be  made  known  by  proper  label. 

/;,  i  rs  and  u  in*  a  and  other  alcoholic  and  nonalcoholic  drinks  and  products  used  in  making 
such  must  not  contain  added  preservatives,  coloring,  <»r  flavor,  unless  the  fact  is  made 
known  by  proper  label  on  each  package.  When  made  partly  or  entirely  from  arti- 
ficial product*  they  must  be  sold  as  "adulterated"  or  "imitation"  products,  any 
added  preservative  being  made  known  on  proper  label. 


NORTH    CAROLINA.  443 

I  \  real  and  farinaceous  products. — Flour,  cracked  and  rolled  wheat,  oats,  buckwheat, 
barley,  and  corn,  and  their  products,  rice,  etc.,  must  be  true  to  name,  and  when 
mixed  with  each  other  or  with  other  vegetable  or  mineral  products  the  mixtures 
must  be  sold  under  coin  names  or  as  mixtures  or  compounds. 

Canned  goods. — Canned  goods  must  be  true  to  name  and  be  tree  from  added  color- 
ing, flavor,  or  preservatives,  unless  such  addition  or  additions  is  made  known  by 
conspicuous  labeling. 

Candy. — Candy  must  not  contain  terra  alba,  kaolin,  or  other  mineral  substances, 
or  harmful  coloring  or  other  matter. 

Fruits,  jellies,  butter,  jams,  preserves,  conserves,  confections,  and  like  articles  must  be 
made  entirely  of  the  fruit  specified  on  the  label  and  preserved  only  with  cane  BUgar, 
and  must  not  contain  any  artificial  coloring,  preservatives,  or  flavor,  except  Bp 
other  wholesome  natural  flavoring  materials,  unless  such  added  flavors,  coloring, 
and  (or)  preservatives  are  made  known  on  the  labels.  When  made  partly  or  wholly 
of  artificial  materials,  or  when  any  material  to  make  np  bulk  or  weight,  t  i  add 
flavor  or  color,  except  as  indicated  above,  have  been  used,  the  products  must  be  sold 
as  "adulterated"  or  "imitation"  products,  in  which  case  any  added  preservatives 
must  be  made  known  on  the  label. 

Honey  must  not  have  added  to  it  directly  by  man,  or  indirectly  by  feeding  to  the 
bees,  glucose,  cane  sugar,  invert  sugar,  or  other  matter  not  naturally  occurring  in 
pure  honey,  unless  sold  as  adulterated  honey,  or  a  statement  regarding  the  adultera- 
tion is  made  a  part  of  the  label  attached  to  each  package  sold. 

Coffee. — Coffee  must  be  true  to  name  and  of  full  strength.  It  must  not  be  mixed 
with  exhausted  or  partially  exhausted  coffee  or  any  other  substance  or  substances, 
except  as  indicated  below.  It  mixed  with  chicory  or  other  harmless  substitute 
allied  to  coffee  in  either  flavor  or  strength,  and  not  used  simply  as  an  adulterant. 
the  mixture  may  be  sold  as  "coffee  compound." 

Imitations  or  substitutes  containing  no  coffee  must  not  be  sold  as  coffee  com- 
pounds, but  may  be  sold  under  coin  names. 

Ten.—  Tea,  when  sold,  exposed,  or  offered  for  sale  as  such,  must  consist  wholly  of 
the  dried  leaves  of  the  true  tea  plant,  without  artificial  color,  filler,  or  extraction 
of  essential  properties,  unless  conspicuously  labeled  IS  "adulterate.  1." 

Baking  powders. — Baking  powders  must  not  contain  substances  no!  Decessary  to 
their  manufacture,  and  they  must  be  labeled  in  a  conspicuous  way  and  place,  either 
in  the  name  of  the  powder  itself,  or  elsewhere,  -'a-  to  show  the  acid  salt  of  w  Inch 
tin*  powder  is  made,  as  "Alum  baking  powder."  "Alum-phosphate  baking  powder," 
"Phosphate  baking  powder,"  or  "Cream  of  tartar  baking  powder,"  and  when  so 

labeled  they  mUSl  be  true  to  label. 

Preservatives.  The  term  preservative  is  considered  Bynonymous  with  antiseptic. 
Food  containing  any  added  antiseptic  or  preservative  substance  or  substances,  except 

common  table  suit.  Baltpeter,  cane  sugar,  alcohol,  vinegar,  spices,  or  the  natural 
products  of  the  Bmoking  process,  -hall  have  the  presence  of  such  preservative  or  pre- 
servatives made  clearly  known  by  conspicuous  labeling  or  made  know  n  to  pure! 
when  the  article  is  not  capable  of  being  labeled. 

Labeling. — A  label  must  be,  a-  far  a-  possible,  attached  to  each  package  and  con- 
tain, in  addition  t<>  other  information,  the  name  and  address  "i  the  manufactiu 
jobber.     When  the  wool-  "artificial,"  "imitation,"  "compound,"  "adulterated," 
or  words  ol  similar  Import  are  required,  they  must  Immediately  precede  or  follow 

the   word   or   word-   they    modify,    and    be   in   the   -ame    si/e  and   style  ol   type    and 
on   same   kind   of    background   a-   the    WOltl   OT    Words    with    which    they   are  « 

associated. 

Where  the  presence  oi  presei  \  a!  i  •, .  ■-.  coiorm-  matter,  or  other  substance  or  sab 
stances  is  required  to  be  printed  on  the  label,  a-  indicated  in  the  several  paragraphs 
relating  to  different  f 1  products,  the  printing  must  be  done  clearly  and 


444  FOODS  AND  FOOD  CONTROL. 

ously  on  the  label  in  type  not  smaller  than  brevier  heavy  gothic  oafM,  and  on  tin'  same 
kind  of  background  as  the  rest  of  the  Label. 

Form  of  guaranty  of  purity  approved  by  the  board  of  agriculture  as  provided  for  in  section 

6  oftiu  pure  food  Jaw. 

I  (or  we),  the  undersigned  wholesaler,  jobber,  or  manufacturer,  in  consideration 

of (name  and  address),  retail  merchant,   purchasing  food  from  us.  hereby 

guarantee  that  all  food  sold  to shall  be  pure  within  the  meaning  of  what  is 

known  as  the  pure  food  law  (an  act  to  prevent  the  sale  of  adulterated  and  niis- 
branded  food:  Ratified  the  13th  day  of  February,  1899),  and  shall  conform  with  the 
requirement-  of  said  law  and  the  standards  and  rulings  of  the  Board  of  Agriculture 
as  regards  standards  of  quality,  branding,  and  otherwise.  This  guaranty  to  remain 
in  force  till  revoked  in  writing. 

The  article  referred  to  in  this  guaranty  is  (or  are) . 

Signed , 


Address , 

Date -.  . 

'  I ENERA  L   STATEMENT. 

The  Department  of  Agriculture  desires  the  cooperation  and  support  of  manufac- 
turers, jobbers,  wholesalers,  retailers,  and  individuals  in  carrying  out  the  provisions 
of  the  pure-food  law.     To  this  end  the  Department — 

(1)  Invites  suggestions,  and  will  give  hearings  to  interested  parties  regarding  the 
present  standards  and  rulings,  others  that  may  seem  desirable,  or  that  may  be  made 
in  the  future. 

(2)  Analyses  will  be  made  for  parties  within  the  State  when  samples  are  taken  in 
accordance  with  instructions  furnished  by  the  State  chemist  and  the  required  data 
concerning  the  samples  are  given. 

(3)  Analyses  will  be  sent  to  parties  sending  sample-  and  to  parties  from  whom 
samples  are  taken  by  the  Department.  It  is  the  desire  of  the  Department  to  put 
information  into  the  hands  of  manufacturers,  dealers,  and  users  of  food,  and  to  assisl 
them  in  every  way  it  can  to  know  and  to  manufacture,  handle,  and  use  the  best,  most 
desirable,  and  most  wholesome  food  products.  The  pure-food  law  is  in  the  interest 
of  the  honest  manufacturer,  the  honest  dealer,  and  for  the  protection  of  the  con- 
sumer.    It  should  operate  in  this  way. 


NORTH  DAKOTA. 

The  food  laws  of  this  State  are  administered  by  the  agricultural 
experiment  station.  The  laws  relating  to  daily  products  are  adminis- 
tered by  the  assistant  dairy  commissioner,  under  the  direction  of  the 
commissioner  of  agriculture.  At  the  last  meeting  of  the  legislature 
new  laws  were  enacted  which  superseded  previous  legislation. 

GENERAL  FOOD  LAWS. 

7649.  Adulterated  food  or  medicine.     Every  person  who,  either: 

1.  With  intent  that  the  same  may  be  used  as  food,  drink  or  medicine  for  man, 
sells  or  offers  or  exposes  for  Bale,  any  article  whatever,  which  to  his  knowledge  is 
tainted  or  spoiled,  or  for  any  cause  unlit  to  be  used  as  food,  drink  or  medicine;  or, 

2.  Knowingly  Bella  any  article  intended  as  food  or  drink  for  man  which  contains  a 
sufficient  quantity  of  any  drug  or  other  substance  to  render  such  article  injurious  to 
health,  or  compounds  the  same;  or, 

3.  Adulterates  or  dilutes  BO  as  to  render  it  injurious  to  health,  for  the  purpose  of 
sale  as  unadulterated  or  undiluted,  any  substance  intended  as  food,  drink  or  medicine 
for  man, 

Is  guilty  of  a  misdemeanor. 

Laws  of  1885,  ch.  64;  Revised  Code,  1899,  eh.  68,  p.  1528. 

7309.  Fraudulent  adulteration  of  food  and  drugs.  Every  person  who  adulter;.  I 
dilutes  any  article  of  food,  drink,  drag,  medicine,  strong,  spiritaoasor  malt  liquor  or 
wine,  or  any  article  useful  in  compounding  either  o!  them,  whether  one  useful  f<>r 
mankind  or  animals,  with  a  fraudulent  intent  to  offer  the  same,  or  cause  or  permit 
it  to  be  offered  for  sale  as  unadulterated  or  undiluted,  and  every  person  who  fraudu- 
lently sells  or  keeps  or  offer-  for  sale  the  same  as  unadulterated  or  undiluted,  know- 
ing it  to  have  been  adulterated  or  diluted,  is  guilty  of  a  misdemeanor. 

7810.  Knowingly  Belling  tainted  food  or  drugs.  Every  person  who  knowingly  Bells, 
or  keeps  or  offers  for  sale  or  other*  ise  disposes  of  any  article  of  food,  drink,  drug  <>r 
medicine,  knowing  that  the  same  has  become  tainted,  decayed,  spoiled  or  otherwise 
unwholesome  or  unfit  to  be  eaten  or  drank,  with  intent  to  permit  the  same  to  be 
eaten  or  drank  by  any  person  or  animal,  is  guilty  of  i  misdemeanor. 

Revised  Code,  189<),  ch.  40,  p.  L460. 

Sec.  1.  Adulterating  and  misbranding  foods  and  beverages.  It  .-hall  he  unlawful  for 
any  person,  either  for  himself  or  while  acting  as  agent  orservanl  of  any  other  person 
'>v  corporation,  to  manufacture  for  sale,  -ell,  offer  <>r  to  have  for  Bale, to  ><>licit  orders 
for,  to  store  or  to  deliver  within  the  state  anj  article  of  food  or  beverage  which  is 
uiiw  holesome  or  adulterated  within  the  meaning  of  this  act    The  having  in  i>oobob 

sion  of  such  adulterated  article  Or  article-  -hall  he  deemed  a-  prima  facie  SVidei 

the  violation  thereof  For  the  purpose  of  tin-act  all  condiments,  extract-,  vinegars, 
or  other  substances  used  in  the  preparation  or  compounding  of  foods  or  food  prod* 
net- and  bev<  food     Amended  and  resntsok 

ruary  ts\  1906t  Law  hk>.~>,  ch.  n,  p,  ;:*. 


446  FOODS  AND  FOOD  CONTROL. 

2.   Adulteration  defined.     Any  article  of  food  or  beverage  shall  be  considered 
as  unwholesome  or  adulterated  within  the  meaning  of  this  act: 

First.  If  it  contains  and  a  form  of  aniline  dye  or  other  coal  tar  dye,  or  if  colored 
with  a  harmless  vegetable  dye  and  the  name  thereof  is  not  given  on  the  label. 

rod.  If  it  contains  formaldehyde,  benzoic  acid,  sulphurous  acid,  boric  acid, 
salicylicacid,  hydrofluoric  acid,  saccharin,  betanaphthol,  or  any  salt  or  antiseptic  com- 
pound derived  from  these  products. 

Third.  If  any  substance  or  substances  have  been  mixed  with  it  so  as  to  reduce  or 
lower  or  injuriously  affect  its  quality  or  strength  or  food  value  so  that  such  article  of 
food  or  beverage,  when  offered  for  sale,  shall  deceive  or  tend  to  deceive  the  purchaser. 

Fourth.  If  any  inferior  or  cheaper  substance  or  substances  have  been  substituted 
wholly  or  in  part  for  the  article,  so  that  the  product  when  sold  shall  deceive  or  tend 
to  deceive  the  purchaser. 

Fifth.  It  any  necessary  or  valuable  constituent  of  the  article  has  been  in  whole  or 
in  part  abstracted. 

Sixth.  If  it  be  an  imitation  of  or  offered  for  sale  under  the  specific  name  of  another 
article. 

Seventh.  It  it  be  labeled,  branded,  or  colored  so  as  to  deceive  or  mislead  the  pur- 
chaser, or  if  it  be  falsely  lal>eled  in  any  respect. 

Eighth.  If  it  consists  wholly  or  in  part  of  a  diseased,  decomposed,  filthy  or  putrid 
animal  or  vegetable  substance,  or  if  such  substance  or  substances  be  used  in  the 
preparation  thereof. 

Ninth.  ]i  every  package,  bottle  or  container  does  not  bear  the  true  net  weight, 
the  name  of  the  real  manufacturers  or  jobbers,  and  the  true  grade  or  class  of 
the  product,  the  same  to  be  expressed  in  clear  and  distinct  Knglish  words  in  black 
type  on  a  white  back  ground;  provided,  that  an  article  of  food  or  beverage  shall  not 
be  deemed  adulterated  in  the  following  cases: 

First.  If  it  be  a  compound  or  mixture  of  recognized  food  products  not  included  in 
definitions  sixth  and  eighth  of  this  section. 

Second.  In  the  case  of  candies  and  chocolates,  if  they  contain  no  terra  alba, 
barytes,  talc,  chrome  yellow  or  other  mineral  substances,  or  aniline  dyes  or  other 
coal  tar  dyes  or  other  poisonous  colors,  flavors  or  products  detrimental  to  health. 

Third.  If  in  the  case  of  baking  powders  or  any  mixture  or  compound  intended  for 
-  a  baking  powder  they  have  affixed  to  each  and  every  box,  can  or  package 
containing  such  powder  or  like  mixture  or  compound,  a  light  colored  label  upon  the 
outside  and  on  the  face  of  this  there  is  distinctly  printed  with  black  ink  and  in  clear 
legible  type  the  name  and  address  of  the  manufacturers,  the  true  and  correct 
analysis,  and  in  a  form  to  be  prescribed  by  the  North  Dakota  government  agricul- 
tural experiment  station,  of  each  and  all  the  constituents  or  ingredients  contained  in 
or  contributing  a  part  of  such  baking  powders,  or  mixture  or  compound  intended 
for  UBS  ai  a  baking  powder.  The  label  shall  bear  no  advertising  or  descriptive  mat- 
ters other  than  the  name  of  the  manufacturer,  composition  as  prescribed  for  above, 
and  directions  for  use. 

Fourth,   in  the  case  of  perishable  goods  put  up  in  bulk,  sodium  bensoate  may  be 

used    in    proportion  QOt    to  exceed   our   part    in   two  thousand   in  such   products  and 

under  such  regulations  as  may  be  determined  upon  and  proclaimed  by  the  North 
Dakota  government  agricultural  experiment  station  at  Fargo.  This  clause  shall  not 
be  applicable  tor  goods  coming  into  the  state  after  July,  1907,  nor  to  any  case  at  any 
time  where  products  can  be  commercially  produce!  without  the  use  of  chemical 

preservatives.  Where  the  use  of  preservatives  are  permitted  the  fact  shall  be 
clearly  set  forth  on  this  label  in  thfl  form  and  manner  to  be  prescribed  by  the  North 

Dakota  government  agricultural  experiment  station  at  Fargo.— Amended  and  reenaeted 
February  -;.  t906%  Law*  of  1906,  eh.  //,/>.  19. 


"So  iu  Statute. 


NORTH    DAKOTA.  447 

>k<  .  3.  Penalty  for  so  doing.  Any  person  violating  any  of  the  provisions  of  this  act 
shall  be  deemed  guilty  of  a  misdemeanor  and  shall  for  the  first  offense  be  punished 
by  a  fine  of  not  less  than  twenty-five  dollars  or  more  than  one  hundred  dollar.-,  and 
all  necessary  costs,  including  the  jxpense  of  analyzing  such  adulterated  articles, 
when  said  person  has  been  found  guilty  under  this  act.  Product:-  found  to  be  adul- 
terated within  the  meaning  of  this  act  may  by  order  of  the  court  be  seized  and 
ordered  destroyed. — Amended  and  reenacted  February  24,  1905,  Laws  of  1906,  eh.  11, 
p.  20. 

Sec.  4.  Prosecution.  It  shall  be  the  duty  of  the  state's  attorney  to  prosecute  all 
persons  violating  any  of  the  provisions  of  this  act  when  the  evidence  thereof  has  been 
presented  by  the  North  Dakota  government  agricultural  experiment  station,  as  pro- 
vided for  in  sections  7  and  8  of  this  act. 

Sec.  5.  The  North  Dakota  experiment  station  to  in$p>  d  <m<l  analyze  foods  and  beverages; 
standards.  The  North  Dakota  government  agricultural  experiment  station  shall 
make  analysis  of  food  products  and  beverages  on  sale  in  North  Dakota,  BOBpected  of 
being  adulterated,  at  such  times  and  places  and  to  such  extent  as  it  may  determine, 
and  may  appoint  such  agent,  or  agents,  as  it  may  deem  necessary,  and  the  sheriffs  of 
the  respective  counties  of  the  state  are  hereby  appointed  and  constituted  agents  for 
the  enforcement  of  this  act,  and  agent  or  agents  and  sheriffs  shall  have  free  access, 
at  [all]  reasonable  hours,  for  the  purpose  of  examining  into  any  place  wherein  it  is 
suspected  any  article  of  food  or  beverage  adulterated  with  any  deleterious  or  foreign 
ingredient  or  ingredients  exists,  and  such  agent,  agents  or  sheriffs  upon  tendering  the 
market  price  of  said  article  may  take  from  any  person,  firm  or  corporation  samples 
of  any  article  suspected  of  being  adulterated  as  aforesaid,  and  the  said  station  may 
adopt  or  fix  standards  of  purity,  quality  of  strength  when  such  standards  are  not 
specified  or  fixed  by  statute. 

Sec.  6.  Samples  for  <ni<ily.<is  .out  in  station.  Any  citizen  of  the  state  may,  by  pre- 
paying the  transportation  charges,  send  any  article  of  manufactured  food  <>r  food 
product,  or  beverage,  in  the  original  package  to  said  station  to  be  analyzed.  And 
such  article,  if  doI  before  analyzed,  shall  be  analyzed  and  included  in  the  next  report 
of  the  station  as  provided  for  in  section  9  of  this  act. 

Sec  7.  Results  of  analysis.  Whenever  said  station  shall  find  by  its  analysis  thai 
adulterated  food  products  have  been  on  sale  in  this  state,  it  shall  forthwith  transmit 
the  facts  so  found  to  the  state's  attorney  of  the  county  in  which  said  adulterated  food 
product  was  found. 

8.  Certificates  as  evidence.  Every  certificate  duly  signed  and  acknowledged  by 
the  chemist  of  the  North  Dakota  government  agricultural  experiment  station  at 
Fargo  relating  to  the  analysis  of  any  to.nl,  1" 1  products  or  beverages  shall  be  pre- 
sumptive evidence  of  the  facts  therein  stated. 

!'.  Annual  report  of  Station.  The  said  station  shall  make  an  annual  report  to 
the  governor  upon  adulterated  food  products,  and  said  report  may  be  included  in  the 
report  which  the  said  station  is  already  authorized  l»y  law  to  make  to  the  governor, 
and  in  June  and  December  of  each  year  the  -aid  station  shall  furnish  to  the  auditor 
of  each  county  in  the  state  a  certified  list  of  all  adulterated  food-,  food  products  and 
beverages  a-  found  by  SUCh  analysis,  show  ing  the  name  and  brand  of  the  article,  the 
manufacturer  and  the  name  of  the  injurious  adulterant.       The  county  auditor  <<i  each 

oounty shall  cause  the  said  list  to  be  printed  in  the  official  paper  of  such  county. 

Said  publication  shall  be  made  in  July  and  January  of  each  year,  and  shall  continue 

for  two  successive  issues,  to  be  paid  f  or  by  such  count)  at  the  rate  allowed  by  law 
for  publishing  the  proceedings  of  the  board  of  count)  comn 
Sac.  LO.  Sheriff  to  tah  sampk  It  ifl  hereby  made  the  duty  of 

the  sheriff  of  any  COUnty  of  tin-  State,  on  presentation  to  him  of  a  verified  complaint 

of  the  violation  of  any  proi  ision  oi  this  act,  to  at  -nee  proceed  to  obtain  by  pur 

a  -ample  of  the  adulterated  f 1,  food  product  01  I  ••  n plained  of,  and  fol 

L0944     No.  68,  i-t  •'»—  <*i «i 


448  FOODS    AND    FOOD    CONTROL. 

the  same  to  the  said  station  for  analysis,  marking  the  package  or  wrapper  containing 
the  same,  for  identification,  with  the  name  of  the  person  from  whom  procured,  the 
date  on  which  the  same  was  procured  and  the  substance  therein  contained.  For  his 
services  hereunder  the  said  sheriff  shall  be  allowed  the  same  fees  for  travel  as  are 
now  allowed  by  law  to  sheriffs  on  service  of  criminal  process,  together  with  such 
compensation  as  may  be  by  the  county  commissioners  of  his  county  deemed  reason- 
able, and  all  amounts  expended  by  him  in  procuring  and  transmitting  the  said  sam- 
ples, which  fees  and  amount  expended  shall  be  audited  and  allowed  by  the  said 
commissioners  and  paid  by  his  said  county  as  other  bills  of  said  sheriff. 

Sec.  11.  Appropriation.  To  carry  out  the  provisions  of  this  act,  out  of  any  money 
in  the  state  treasury,  not  otherwise  appropriated,  the  sum  of  fifteen  hundred  dollars 
is  hereby  annually  appropriated  to  the  said  North  Dakota  government  agricultural 
experiment  station,  which  Bum  shall  be  paid  in  equal  quarterly  installments  to  the 
treasurer  of  the  board  of  trustees  of  such  station,  upon  the  order  of  the  state  auditor, 
who  is  hereby  directed  to  draw  his  order  for  the  same. 

Sec.  12.  Action  an  account  of  illegal  sale.  No  action  shall  be  maintained  in  any 
court  in  this  state  on  account  of  any  sale  or  other  contract  made  in  violation  of  this 
act. 

Sec.  13.  Repeal.  All  acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this 
act  are  hereby  repealed. 

Approved  March  2,  1903.     Laws  1903,  ch.  6,  p.  9. 

CANDY. 

7309a.  No  person  shall  by  himself,  his  servant,  or  agent,  or  as  the  servant  or 
agent  of  any  other  person  or  corporation,  manufacture  for  sale,  or  knowingly  sell  or 
offer  to  sell  any  candy  adulterated  by  the  admixture  of  terra  alba,  barytes,  talc,  or 
any  other  mineral  substance,  by  poisonous  colors  or  flavors  or  other  ingredients 
deleterious  or  detrimental  to  health.  Whoever  violates  any  of  the  provisions  of  this 
section  shall  be  punished  by  a  fine  of  not  exceeding  one  hundred  dollars  nor  less 
than  fifty  dollars.  The  candy  so  adulterated  shall  be  forfeited  and  destroyed  under 
direction  of  the  court. 

Revised  Code  1899,  ch.  40,  p.  1460. 

DAIRY  PRODUCTS. 

7(>.'W.  Selling  imitation  butter  without  brand;  penalty.  Any  person  who  shall  know- 
ingly Bell  or  offer  for  Bale  or  procure  the  sale  of,  or  make  or  manufacture,  any  article 
or  substance  in  semblance  of  butter,  not  the  legitimate  product  of  the  dairy  and  made 

exclusively  of  milk  or  cream,  bul  into  the  composition  of  which  the  oil  or  fat  of  ani- 
mals, or  melted  butter  or  any  oil  thereof,  enters  as  a  substitute  for  cream,  in  tubs, 
firkins  or  other  original  packages  and  not  distinctly,  legibly  and  durably  branded, 
stamped  or  marked  in  a  conspicuous  place  w  ith  the  word  "oleomargarine,"  or  "but- 

terine,"  or  "patent  butter,"  BE  the  CBSS  may  be,  in  letter-  not  less  than  one-fourth 
of  an    inch    in    width    and    one-half   of  an    inch   in   length,  or  in  retail  packages  not 

plainly  and  conspicuously  labeled  with  said  words  "oleomargarine,"  or  "butterine," 

or  "patent  butter."  a-  the  case  may  be,  shall  be  guilty  of  a  mi-demeanor,  and  pun- 
ished by  a  fine  of  not  less  than  twenty-five  uor  more  than  one  hundred  dollars,  or 

shall  be  confined  in  the  comity  jail  not  less  than  ten  imr  more  than  ninety  days,  or 
by  both  such  line  and  im pri-onnieiit  in  the  discretion  of  the  court. 

7  <  J  lo.  Process  butter;  "Quinneat1  patent"     Any  person  or  firm  who  shall  sell  or 

oiler  lor  sale,  or  make  ..r   manufacture,  imitation  bntteror  butler  made  of  part  eream 

and  pari  caseine  or  other  ingredients  under  what  i-  known  a-  "Qninness'  patent," 
or  process  oi  any  other  similar  process,  whereby  the  caseine  of  milk  and  other  Lngre- 


NORTH    DAKOTA.  449 

dients  are  made  to  imitate  and  resemble  genuine  butter  made  from  cream,  shall  stamp 
upon  each  package  of  the  same  on  the  top  and  side  with  lampblack  and  oil,  the 
words  " patent  butter,"  in  letters  at  least  one-fourth  of  an  inch  wide  and  one-half  of 
an  inch  long.  Whoever  violates  the  provisions  of  this  section  is  guilty  of  a  misde- 
meanor, and  shall  be  puished  for  each  offense  by  a  fine  of  not  less  than  twenty-five 
nor  more  than  one  hundred  dollars,  or  shall  be  confined  in  the  county  jail  not  less 
than  ten  nor  more  than  ninety  days,  or  by  both  such  fine  and  imprisonment  in  the 
discretion  of  the  court. 

7641.  Filled  cheese;  branding;  penalty.  Any  person  or  firm  who  shall  sell  or  offer 
for  sale,  or  make  or  manufacture  out  of  any  oleaginous  substance  or  substances,  or 
any  compound  of  the  same  or  compound  other  than  that  produced  from  unadulter- 
ated milk,  any  article  designed  to  take  the  place  of  cheese,  or  any  imitation  of  cheese 
produced  from  pure  milk,  or  any  article  termed  "filled  cheese,"'  shall  stamp  upon 
each  package  of  the  same  on  the  top  and  the  side  with  lampblack  and  oil,  the  words 
"filled  cheese,"  or  words  that  shall  designate  the  exact  character  and  quality  of  the 
product,  in  letters  at  least  one-fourth  of  an  inch  wide  and  one-half  of  an  inch  long. 
Whoever  violates  the  provisions  of  this  section  is  guilty  of  a  misdemeanor  and  shall 
be  punished  lor  each  offense  by  a  fine  of  not  less  than  twenty-five  nor  more  than 
one  hundred  dollars,  or  shall  be  confined  in  the  county  jail  not  less  than  ten  nor 
more  than  ninety  days,  or  by  both  such  fine  and  imprisonment  in  the  discretion  of 
the  court. 

7642.  Patent  butter  <n>>l  cheese;  card  stating  ingredients;  }><ii<tU>j.  Whoever  sells  or 
offers  for  sale  any  imitation  or  patent  butter  or  cheese.  :is  described  in  the  foregoing 
sections  of  this  chapter,  shall  give  to  each  purchaser  of  said  goods  a  printed  card 
stating  correctly  the  different  ingredients  contained  in  the  said  compound.  Whoever 
violates  the  provisions  of  this  section  is  guilty  of  a  misdemeanor,  and  shall  be  pun- 
ished for  each  offense  by  a  tine  of  not  less  than  twenty-five  nor  more  than  one  hun- 
dred dollars,  or  shall  be  confined  in  the  county  jail  not  Less  than  ten  Dor  more  than 
ninety  days,  or  by  both  Mich  line  and  imprisonment  in  the  discretion  of  the  court. 

764.*>.  Possession  prima  facie  lidence  of  guilt.  The  having  in  possession  by  any 
person  or  firm,  of  any  article  or  substance  prohibited  by  this  chapter,  shall  be  con- 
sidered prima  facie  evidence  thai  the  same  i-  kept  by  such  person  or  firm  in  violation 
of  it-  provisions,  and  the  state  dairy  commissioner  shall  be  authorized  to  seize  upon 
and  take  possession  of  any  such  article  or  substance,  and  upon  the  order-  of  any  court 
which  ha-  jurisdiction,  he  shall  sell  the  same  for  any  purpose  other  than  to  be  used 
for  food;  the  proceeds  derived  from  the  -ale  of  imitation  butter  shall  be  paid  one-half 
to  the  informer  and  one-half  into  the  -tate  treasury,  to  he  placed  t«»  the  credit  of  the 
state  dairy  commissioner's  fund. 

7<»H.  Butter  samples  analyzed;  certificate;  evidence.  Samples  "i  specimens  of  any 
article  in  imitation  ,.f  butter  or  Buspected  of  being  of  a  spurious  character,  shall  be 
analyzed  or  otherwise  satisfactorily  tested  a-  to  compounds  by  the  chemist  of  the 
agricultural  college  at  Fargo,  free  of  expense;  ami  a  certificate  of  analysis,  sworn  to 
by  the  analyzer,  shall  be  admissible  as  evidence  in  all  prosecutions  under  this  <•  ha  pier. 

7<»K>.  Butter  u<>t  i>r<iu<l<<l  >>,•  labeled.  The  Bale  or  offer  for  Bale  of  the  Bubstance 
mentioned  in  the  foregoing  section  in  packages  not  branded,  stamped,  marked  or 
labeled  as  in  this  chapter  required,  -hall  be  prima  facie  evidence  of  know  [edge  of  the 
character  of  such  substance  on  the  pari  of  the  person  bo  Belling  or  offering  the  same 
for  -ale,  and  hi-  empl '  i 

7<>4<>.  Branding  of  butter  and  cheese;  reports;  penalty.  Every  cheese  factory  cream- 
ery, or  combined  cheese  factory  and  creamery,  engaged  in  the  manufacture  of  batter 
and  cheese,  -hall  procure  a  stencil  or  brand  bearing  a  suitable  device  and  words  which 
shall  clearly  designate  the  quality  of  the  product  manufactured  and  the  number  and 

location  of  the   factory,  and   ma\   contain  .t  Bp»  ial  or  private  brand  "i   name  ol 


450  FOODS  AND  FOOD  CONTROL. 

factory;  every  brand  shall  be  used  upon  the  outside  of  the  cheese  and  also  upon  the 
package  containing  the  same,  but  in  the  case  of  butter,  on  the  package  only;  and 
shall  report  annually  to  the  state  commissioner  of  agriculture  and  labor,  who  by  vir- 
tue of  his  office  is  state  dairy  commissioner,  the  name,  location  and  number  of  each 
factory  using  the  said  brand,  and  the  name  or  names  of  the  persons  at  each  manufac- 
tory authorized  to  use  the  same,  together  with  a  copy  of  each  stencil  or  brand,  and 
the  state  dairy  commissioner  shall  keep  a  book  in  which  shall  be  registered  the  same. 
Whoever  violates  the  provisions  of  this  section  shall  be  guilty  of  a  misdemeanor, 
and  shall  be  punished  by  a  fine  of  not  less  than  ten  nor  more  than  fifty  dollars,  for 
each  and  every  offense. 

7047.  Shipment  through  the  state.  Nothing  in  this  chapter  shall  be  so  construed  as 
to  prohibit  the  shipment  of  butter  and  cheese  without  unloading  through  the  state 
of  North  Dakota. 

7648.  "Butter"  and  "cheese"  defined.  For  the  purposes  of  this  chapter  the  term 
"butter,"  or  "cheese,"  shall  be  understood  to  mean  the  product  usually  known 
by  that  name,  and  which  is  manufactured  exclusively  from  milk  or  cream  or  both. 

Laws  of  1895,  ch.  49,  sec.  1-10;  Revised  Code  1899,  ch.  67,  p.  1,526. 

Sec.  1.  Office  of  assistant  dairy  commissioner  created;  t/nti>.<;  salary.  In  order  to 
secure  the  better  enforcement  of  the  provisions  of  this  act,  and  to  promote  the 
improvement  of  the  products  of  the  dairy,  the  commissioner  of  agriculture,  by  and 
with  the  advice  and  consent  of  the  governor,  shall  appoint  one  deputy  in  his  depart- 
ment to  be  known  officially  as  assistant  dairy  commissioner,  who  shall  have  a  prac- 
tical knowledge  of,  and  experience  in,  the  manufacture  of  dairy  products,  and  hold 
his  office  during  the  term  of  the  commissioner  of  agriculture,  subject  to  removal  from 
office  for  inefficiency,  neglect  or  violation  of  duty.  The  said  assistant  commissioner 
shall  receive  a  salary  of  twelve  hundred  dollars  per  annum  and  his  actual  and  neces- 
sary expenses  in  the  discharge  of  his  duties  under  this  act.  It  shall  be  the  duty  of 
the  assistant  dairy  commissioner  to  enforce,  under  the  direction  of  the  commissioner 
of  agriculture,  all  laws  that  now  exist  or  that  hereafter  may  be  enacted  in  this  state 
regarding  the  production,  manufacture  and  sale  of  dairy  products,  their  imitation 
and  substitutes;  to  inspect  every  creamery,  cheese  factory  or  renovating  or  "process 
butter  factory"  at  least  once  each  year;  to  assist  the  butter  makers,  cheese  makers 
and  managers  of  such  factories,  and  patrons  of  the  same,  in  order  to  improve  the 
quality  of  the  dairy  products  sold  to  or  manufactured  in  said  factories;  and  to 
cooperate  with  the  dairymen  in  testing  their  dairy  herds  both  individually  and 
collectively.  The  sum  of  two  thousand  dollars  is  hereby  appropriated  to  which 
shall  be  added  the  amount  collected  from  the  sale  of  Licenses  hereinafter  provided 
for  in  this  act,  to  be  paid  for  such  purposes  out  of  any  moneys  in  the  treasury  not 
otherwise  appropriated.  All  charges,  accounts  and  expenses  authorized  by  this  ad 
shall  be  paid  by  the  state  treasurer  of  the  state  upon  the  warrant  of  the  state  auditor. 

The  entire  expense  of  said  assistant  commissioner  shall  not  exceed  the  sum  appro- 
priated for  the  purpose  of  this  act. 

Sue.  ~.  Commissioner  of  agriculture  to  make  detailed  annual  report.  The  annual 
report-  of  the  commissioner  of  agriculture  shall  contain  a  detailed  report  of  the  work 
and  proceedings,  together  with  an  accounl  of  expenses  and  disbursements  of  -aid 

assistant   commissioner,  since  the   preceding   report,  with  such  facts  and  statistics  in 

regard  to  the  production,  manufacture  and  Bale  of  dairy  products  with  such  sugges- 
tions as  he  may  regard  of  public  importance  ...mi. .ted  therewith. 

-i  i  .;.  Powers  of  assistant  dairy  commissioner.  The  -aid  assistant  commissioner  and 
such  persons  as  shall  be  duly  authorized  for  the  purpose  shall  have  access,  ingress 

.uid  SgreSi  to  all  places  of  business,  factories,  farms,  buildingB,  carriages,  Cars,  vessels 
and  can-  aged  in  the  manufacture  and  sale  of  an\  dairy  product  or  in  any  imitation 
thereof.      They  shall   also   have    power  and   authority    to  open   any    package,  can  or 


NORTH    DAKOTA.  451 

vessel  containing  such  articles  which  may  be  manufactured,  sold  or  exposed  for  sale 
in  violation  of  the  provisions  of  this  act,  and  may  inspect  the  contents  therein  and 
may  take  samples  therefrom  for  analysis.  All  clerks,  bookkeepers,  express  agents, 
railroad  officials,  employes  or  common  carriers  shall  render  to  them  every  assistance 
in  their  power  when  so  requested,  in  tracing,  finding  or  discovering  the  presence  of 
any  prohibited  article  named  in  this  act.  The  assistant  commissioner,  and  such  per- 
sons as  shall  be  duly  authorized  for  the  purpose  shall  have  free  access  to  any  barn  or 
stable  where  any  cow  is  kept  or  milked,  or  to  any  factory,  building  or  dairy  or 
premises  where  any  dairy  products  are  manufactured,  handled  or  stored,  when  the 
milk  from  such  cow  or  product  is  to  be  sold  or  shipped  to  any  creamery  or  cheese 
factory  in  the  state  and  may  enforce  such  measures  as  are  necessary  to  secure  perfect 
cleanliness  in  and  around  the  same  and  of  any  utensil  used  therein. 

Sec.  4.  Creameries,  cheese  factories,  etc.,  required  to  take  out  license  annually;  fees. 
Every  person,  firm  or  corporation  owning  and  operating  a  creamery,  cheese  factory 
or  renovating  or  "process  butter  factory"  in  the  state  shall  on  the  first  day  of  July 
of  each  year,  or  within  thirty  days  thereafter,  be  licensed  by  the  assistant  dairy  com- 
missioner and  shall  pay  for  said  license  the  sum  of  ten  dollars  for  each  and  every 
factory  owned  and  operated  by  said  person,  firm  or  corporation.  Xo  license  shall  be 
sold  or  transferred.  Each  license  shall  record  the  name  of  the  owner,  firm  or  corpo- 
ration, place  of  business,  the  location  of  the  factory  and  number  of  same.  All  fees 
for  licenses  collected  under  this  act  shall  be  paid,  when  collected,  into  the  state  treas- 
ury and  shall  be  added  to  the  appropriation  made  for  the  purpose  of  carrying  out 
the  provisions  of  this  act. 

Sec  5.  Stencil  or  brand.  Every  creamery,  cheese  factory,  combined  creamery  and 
cheese  factory  or  renovating  or  "process  butter  factory,"  shall  procure  a  stencil  or 
brand  bearing  a  suitable  device  and  words  which  shall  clearly  designate  the  quality 
of  the  product  manufactured,  and  the  number  and  location  of  the  factory,  and  it 
may  contain  a  special  or  private  brand  or  name  of  said  factory;  every  brand  shall  be 
used  upon  the  outside  of  the  cheese  and  also  upon  the  package  containing  the  >ame, 
but  in  the  case  of  butter  od  the  package  only:  and.  shall  on  the  first  day  of  July  or 
within  thirty  days  thereafter  of  each  year  report  to  the  assistant  dairy  commisBioner 
the  name,  location  and  number  of  each  factory  ushiLr  the  same  brand,  and  the  name 
or  names  of  the  persona  at  each  factory  authorized  to  use  the  same,  together  with  a 
copy  <if  each  stencil  or  brand  and  the  assistant  commissioner  shall  keep  a  book  in 
which  shall   be  registered   the  same;   provided,  that  any  creamery,  cheese  factory  or 

renovating  or  "process  batter  factory"  shipping  its  products  to  a  particular  or  a 

special  market,  may  not  be  required  to  use  -aid  brand  as  provided  for  in  this  act. 

Bn  .  »i.  Blanks  t<>  befwrniahed  factories.  The  -aid  assistant  commissioner  Bhall  pro- 
vide blanks  which  -hall  to  famished  to  all  proprietors  or  managers  oi  creameries, 
cheese  Eactoi  ies  and  renovating  or  "process  butter  factories,"  which  shall  be  licensed 

under  the  provisions  of  this  act,  for  the  purpose  of  making  a  report  of  the  amount  of 
milk  and   dairy   u'oods   bandied    and    all   owners    or  managers    ol  BOOfa    creameries, 

cheese  factories  and  renovating  or  "'process  batter  factories11  shall  Bond  to  the  assist- 

ant  dairy  COnimissioner  not  later  than  the  last  day  . .  1  each  month,  a  full  and  accu- 
rate report  of  the  amount  of  business  done  daring  the  preceding  month  as  designated 

under  the  different  headings  of  SUCh  printed  blank. 

7.  Adulterated  milk  <>r  tkAmmni  milk  not  t<,  i„ 
/a  of  arias,  other  cream  and  milk  prohibited.     No  person  by  himself  or  hi-  agents  or 
servants  shall  sell,  supply  or  bring  to  i>e  manufactured  to  any  creemerj 
factory  any  adulterated  milk  or  cream  or  Bkhnmed  milk,  or  milk  from  which  has 
been  held  hack  w  hat  it  commonly  know  n  a-  •■  stripping!  "    except  pure  -kim  milk 

to  skim  cheese  Eactories)  OI  milk  taken  from  an  animal  having  disease,  -ickneSS, 
ulcers,  abscess  or  running   sores,  or  which   hai   been   taken    from   an  animal  within 

fifteen  days  before  or  five  days  after  parturition;  or  cream  which  ha-  bean  taken 


452    ,  FOODS  AND  FOOD  CONTROL. 

from  milk,  the  sale  of  which  has  been  prohibited;  or  cream  which  shall  contain  less 
than  the  amount  of  butter  tat  as  prescribed  in  this  act. 

Sbc.  s.  Adidt,  ration  defined.  For  the  purpose  of  this  act  the  addition  of  water  or 
any  bo  called  preservative  or  anything  to  whole  milk,  or  skimmed  milk,  or  partially 
skimmed  milk  or  cream  is  hereby  declared  an  adulteration;  and  milk,  or  cream, 
which  is  obtained  from  animals  fed  upon  any  substance  of  an  unhealthy  nature,  is 
hereby  declared  impure  and  unwholesome;  and  milk  which  has  been  proved  by  any 
reliable  method  of  test  or  analysis  to  contain  less  than  twelve  per  cent  of  milk  solids 
to  the  hundred  pounds  of  milk  or  less  than  three  pounds  of  butter  tat  to  the  hundred 
pounds  of  milk  shall  be  regarded  as  skimmed  or  partially  skimmed  milk,  and  every 
article  not  containing  fifteen  per  cent  or  more  of  butter  fat  shall  not  be  regarded  as 
cream. 

Sbc.  9.  State  standard  milk  and  cream  measures;  use  of  other  sizes  a  misdemeanor. 
The  state  standard  milk  measures  or  pipettes  shall  have  for  milk  a  capacity  of  seven- 
teen and  six-tenths  cubic  centimeters,  and  for  cream  shall  have  a  capacity  of  eight- 
een cubic  centimeters,  and  the  state  standard  test  tubes  or  bottles  for  milk  shall 
have  a  capacity  for  two  cubic  centimeters  of  mercury  at  a  temperature  of  sixty  degrees 
Fahrenheit  between  "zero"  and  ten  on  the  graduated  scale  marked  on  the  necks 
thereof;  and  the  standard  test  tubes  or  bottles  for  cream  shall  have  a  capacity  of  six 
cubic  centimeters  of  mercury  at  a  temperature  of  sixty  degrees  Fahrenheit  between 
"zero"  and  thirty  on  the  graduated  scale  marked  on  the  necks  thereof,  and  it  is 
hereby  made  a  misdemeanor  to  use  any  other  sizes  of  milk  measure,  pipette,  teed 
tube  or  bottle  to  determine  the  per  cent  of  butter  fat,  where  milk  or  cream  is  pur- 
chased  by  or  furnished  to,  creameries  or  cheese  factories,  and  where  the  value  of 
said  milk  or  cream  is  determined  by  the  per  cent  of  butter  fat  contained  in  the  same. 
Any  manufacturer,  merchant,  dealer  or  agent  in  this  state  who  shall  offer  for  sale  or 
sell,  a  cream  or  milk  pipette  or  measure,  test  tube  or  bottle  which  is  not  correctly 
marked  or  graduated  as  herein  provided  shall  be  guilty  of  a  misdemeanor  and,  upon 
conviction  thereof,  shall  be  punished  as  provided  in  section  17  of  this  act. 

H).  Unlawful  to  under-read  tests.  It  shall  be  unlawful  for  the  owner,  manager, 
agenl  or  any  employe  of  a  creamery  or  cheese  factory  to  manipulate  or  under-read 
the  Babcock  test,  or  any  other  contrivance  used  for  determining  the  quality  or  value  of 
milk. 

Sbc.  11.  Adult,  rat,  d  butter,  etc.,  prohibited  for  sale;  oieomargarini  excepted.  No  per- 
son by  himself  or  his -agents  or  servants  shall  render  or  manufacture,  sell,  offer  for 
-ale.  expose  for  sale,  take  orders  for  the  future  delivery  of,  have  in  his  possession, 
keep  in  Storage,  distribute,  deliver,  transfer  or  convey  with  intent  to  sell  within  this 
State  any  article,  product  or  compound  made  wholly  or  partly  out  of  any  fat,  oil   or 

oleaginous  substance  or  compound  thereof,  not  produced  from  unadulterated  milk 

or  cream  from  the  same,  which  shall  be  in  imitation  of  yellow  butter  produced  from 
pure  unadulterated  milk  or  cream  of  the  same;  provided,  that  nothing  in  this  act 
shall  b«-  con-trued  to  prohibit  the  inanufact ure  or  sale  of  oleomargarine  in  a  separate 
and  distinct  form,  ami  in  BUCh  manner  as  will  advise  the  consumer  of  its  real  charac- 
ter free  from  coloration  or  ingredient  that  causes  it  to  look  like  butter. 

L2.  Provisions  regarding  oleomargarine,  butterine,  etc.  No  person  by  himself  or 
his  agents  or  servants  Bhall  sell  or  expose  for -ale  oleomargarine,  butterine  or  any 
Bubetance  made  in  imitation  or  semblance  of  pure  I. utter  in  tube,  firkins  or  other 
original  packages  not  distinctly,  legibly  and  durably  branded,  stamped  or  marked 
in  a  conspicuous  place  with  the  word  "oleomargarine"  or  ••butterine"  or  "imita- 
tion butter"  as  the  case  may  be,  in  letter-  QOl  leSfl  than  one  inch  in  length  and  one- 
half  inch  in  width,  or  in  retail  packages  not  plainly  and  conspicuously  labelled  with 
said    words    " oleomargarine"    <>r   "butterine"    or    ••imitation    butter"    as    the    case 

may  !•«-. 


NORTH    DAKOTA.  453 

Sec.  13.  Provisions  regulating  renovated  butter.  No  person  by  himself,  or  his  agents 
or  servants,  shall  manufacture,  sell,  offer  or  expose  for  sale  butter  that  is  produced 
by  taking  original  packing  stock  or  other  butter,  or  both,  and  melting  the  same,  so 
that  the  butter  fat  can  be  drawn  off,  then  mixing  the  said  butter  fat  with  skimmed 
milk,  or  milk  or  cream,  or  other  milk  product,  and  rechurning  the  said  mixture;  or 
that  is  produced  by  any  similar  process  and  is  commonly  known  as  boiled  or  process 
butter,  unless  the  tub,  firkin  or  other  original  package  in  which  the  same  may  be 
put  up,  be  distinctly,  legibly  and  durably  branded,  stamped  or  marked  in  a  con- 
spicuous place  with  the  words  "renovated  butter"  in  printed  letters  not  less  than 
one  inch  in  length  and  one-half  inch  in  width;  or  be  in  prints,  boxes  or  rolls  not 
plainly  and  conspicuously  labeled  on  the  wrapper  thereof  with  said  words  "renovated 
butter"  in  printed  letters  not  less  than  one-half  inch  in  length  and  one-quarter  inch 
in  width. 

Sec.  14.  Provisions  regarding  skimmed  milk  cheese.  No  person  by  himself  or  his 
agents  or  servants  shall  sell  or  offer  for  sale  any  cheese  manufactured  from  skimmed 
milk,  or  from  milk  that  is  partially  skimmed,  without  the  same  being  plainly  branded, 
stamped  or  marked  on  the  side  or  top  of  both  cheese  and  package,  in  a  durable  man- 
ner in  the  English  language  the  words  "skimmed  milk  cheese,"  the  letters  of  the 
words  to  be  not  less  than  one  inch  in  height  and  one-half  inch  in  width. 

Sec.  15.  Provisions  regarding  filled  cheese.  No  person,  by  himself  or  his  agents  or 
servants,  shall  sell  or  offer  for  sale  or  make  or  manufacture  out  of  any  oleaginous 
substance  or  substances  or  any  compound  of  the  same  or  any  other  compound  other 
than  that  produced  from  unadulterated  milk,  any  article  designed  to  take  the  place 
of  cheese,  produced  from  pure  milk  or  any  article  termed  "filled-cheese,"  shall 
stamp"  each  package  of  the  same  on  the  top  and  side  with  lampblack  and  oil  the 
words  "filled-cheese"  or  words  that  shall  designate  the  exact  character  and  quality 
of  the  product  in  printed  letters  at  Least  one  inch  long  and  one-half  inch  wide. 

Sac.  16.  ( ''/.'/  councils  may  provide  for  inspection  of  milk  and  dairy  h  rd».  The  coun- 
cil of  any  city  or  incorporated  town  may,  by  ordinance,  provide  for  the  inspection  ol 
milk  and  of  dairies  and  of  dairy  herds  kept  for  the  production  of  milk  within  its 
limits  and  issue  licenses  for  the  sale  of  milk  within  its  limits  and  regulate  the  same 
and  may  authorize  and  empower  the  board  of  health  to  enforce  all  laws  and  ordi- 
nances relating  to  the  production  and  sale  of  milk  and  the  inspection  of  dairies  and 
dairy  herds  producing  milk  for  sale  within  such  city. 

Sec.  17.  Violation  constitutes  misdemeanor;  penalty.  Whoever  violates  any  of  the 
provisions  of  this  act  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  for  each  offense  by  a  fine  of  not  lees  than  five  dollars  oor  mora 
than  fifteen  dollars,  or  by  imprisonment  of  not  less  than  ten  days  QOr  more  than 
thirty  days,  or  both. 

Sec.  18.  Repeal.  All  acts  and  parts  of  acta  inconsistent  or  in  conflict  with  the  pro- 
visions of  this  act  are  hereby  repealed. 

19.  Emergency,    This  ad  shall  take  effect  and  he  in  force  from  and  after  its 
pa-sage  and  approval. 

Approved  March  10,  1905.  Laws  of  L906,  «-h.  96,  pp.  i:.;-i:s.  [This  act  proba- 
bly supersedes  Laws  of  L899,  ch.  72,  sec  I   16;  Revised  Code  L899,  p.  478.] 

MEAT. 

7<;.">o.  Slaughter  of  calves.     Ever}  person  who  knowingly,  either: 

l.  Kills  or  causes  to  be  killed,  for  the  purpose  of  sale  a-  1 1  tor  man,  a  call 

than  lour  weeks  old;  or, 

'J.  Sell.-  <,r  has  in  hi-  possession  with  intent  to  -.-11  as  food  for  man,  the  meat  of  ;mv 
calf  killed  when  lrss  than  four  uo-k-  old, 

So  in  Stati;- 


454  FOODS  AND  FOOD  CONTROL. 

Is  guilty  of  a  misdemeanor  and  upon  conviction  thereof,  is  punishable  by  impris- 
onment in  the  county  jail  not  exceeding  thirty  days  or  by  fine  not  exceeding  fifty 
dollars,  or  by  both. 

7651.  Meat  may  be  seized.  The  meat  of  any  calf  killed  when  less  than  four  weeks 
old  and  exposed  for  sale  or  kept  with  intent  to  sell  for  food,  may  be  seized  without 
warrant  and  destroyed  by  any  health  officer,  sheriff,  deputy  sheriff  or  peaee  officer. 

7(>52.  Magistrate  may  issue  warrant;  procedure.  Any  magistrate  having  reasonable 
cause  to  believe  by  complaint  on  oath  made  to  him,  that  the  meat  of  any  calf  killed 
when  less  than  four  weeks  old.  is  kept  or  concealed  within  his  county  by  any  per- 
son, contrary  to  the  provisions  of  section  7650,  may  issue  his  warrant  to  any  peace 
officer  of  such  county  commanding  him,  in  the  daytime  only,  to  search  for  and,  if 
found,  to  seize  such  meat  and  to  notify  such  owner  or  keeper  of  such  seizure  and 
that  he  appear  forthwith  before  the  magistrate  issuing  such  warrant  to  show  cause 
why  such  meat  should  not  be  destroyed.  If  such  owner  or  keeper  does  not  appear, 
or  if  upon  investigation  before  such  magistrate  it  is  determined  that  such  meat  is 
kept  in  violation  of  such  section,  the  magistrate  shall  issue  his  warrant  to  such  officer 
commanding  him  forthwith  to  destroy  such  meat  and  such  officer  shall  proceed 
accordingly,  or  if  it  i-  determined  that  such  meat  is  not  kept  contrary  to  the  pro- 
visions of  such  section  the  same  shall  be  returned  to  the  place  where  seized.  The 
>f  the  proceedings,  if  contested,  shall  be  taxed  against  the  person  claiming  such 
meat  if  defeated  and  collected  upon  execution  issued  against  him,  as  in  a  civil  action, 
but  if  such  proceedings  are  not  contested  the  costs  shall  be  taxed  and  paid  by  the 
county  wherein  such  proceedings  are  had. 

Laws  of  1885,  ch.  64;  Revised  Code  1899,  ch.  68,  p.  1528. 

SUMMARY  OF  PURE  FOOD  LAW. 

It  is  the  duty  of  the  Government  Agricultural  Experiment  Station  at  Fargo,  North 
Dakota,  to  examine  all  food  products  offered  for  sale  in  the  state  and  when  found  to 
be  adulterated  to  cause  the  offending  party  to  he  prosecuted  for  violation  of  the  law. 

By  vote  of  the  Board  of  Trustees  of  the  Agricultural  College  the  Chemist  of  the 
Experiment  Station  (  K.  F.  Ladd)  becomes  the  Food  Commissioner  for  North  Dakota 
and  is  charged  with  the  duty  of  enforcing  the  law  in  so  far  as  it  is  made  a  part  of  the 
duty  of  the  station. 

Retail  grocers  and  all  merchants  dealing  in  food  products  in  making  contracts  for 
a  new  supply  <>f  goods  should  specify  that  the  same  must  comply  with  the  require- 
ments of  the  Lure  Lood  Law.     Some  of  the  conditions  of  this  law  are  as  follows: 

1.  All  foods  and  Leverages  must  he  free  from  coal  tar  dyes. 

2.  They  must  l»c  \n'('  from  chemical  preservatives;  formaldehyde,  benzoic  acid. 
sulphurous  acid,  boracic  acid,  salicylic  acid,  hydroflouric  acid,  saccharin,  Letanaph- 
thol  or  any  -alt  or  antiseptic  compound  derived  from  these  products. 

They  musl  be  labeled  true  t<>  name  in  every  respect 

4.  Every  package,  bottle  or  cartoon  must  Lear  the  true  net  weight 

5.  It  must  bear  the  true  name  of  the  manufacturers  or  jobbera 

6.  h  iini-t  show  the  true  grade  of  class  of  the  goods. 

7.  The  use  of  benzoateof  soda  one  pari  in  2000  is  permitted  in  certain  classes  of 
perishable  g<>"ds  sold  in  hulk. 

H.    If  any  essential  constituent  has  Leen  removed  the  suhstance  is  adulterated. 

!».  if  any  substance  has  been  added  so  as  to  deceive  or  mislead  the  purchaser  the 

prodUCl   IS  adulterated. 

10.  Mixed  or  compound  substances  may  be  sold  when  properly  labeled. 

11.  Vinegars  must  he  sold  under  true  names.  ( 'ider  vinegar  must  Le  made  wholly 
from  apples. 


NORTH    DAKOTA.  455 

12.  The  sheriffs  in  each  county  are  deputies  for  guarding  against  the  sale  of  adul- 
terated food  products  in  each  county. 

13.  The  station  is  authorized  to  fix  standards  of  purity,  quality  or  strength. 

14.  Any  citizen  may  have  foods  analyzed  at  the  Experiment  Station. 

15.  Twice  each  year  county  auditors  must  publish  in  the  official  county  paper  a 
list  of  all  adulterated  foods  found  on  sale  in  the  state. 

16.  If  adulterated  goods  are  sold  no  action  can  be  maintained  in  any  court  in  the 
state  for  the  purpose  of  collecting  outstanding  bills  for  the  same. 

17.  The  court  may  confiscate  goods  found  to  be  adulterated. 

18.  The  state's  attorney  must  prosecute  all  persons  violating  the  law  when  evidence 
has  been  furnished  by  the  Station. 

19.  Coffees  must  be  pure,  free  from  chicory,  unglazed  not  polished  and  not  extracted. 

20.  Extracts  must  be  pure  and  what  they  claim  to  be. 

21.  Candies  must  not  contain  coal  tar  dyes  or  harmful  products. 

22.  Meats  mu.-t  not  be  colored  or  contain  preservatives. 

23.  Sausages  must  not  contain  tainted  or  decomposed  meats,  must  not  contain 
prohibited  preservatives,  coal  tar  dyes  or  starch  fillers. 

24.  The  Food  Commissioner,  his  agents,  the  sheriffs  or  their  deputies,  shall  have 
free  access  at  all  reasonable  hours,  for  the  inspection  of  foods. 

RULINGS. 

GENERAL    RULE. 

Whenever  the  words  "Artificial,"  "Compound,"  or  "Imitation,"  etc.,  are  permis- 
sible and  used  these  words  must  be  printed  immediately  preceding  or  following  the 
word  they  are  intended  to  modify,  in  the  same  size  type  and  equally  prominent  with 
the  words  they  modify. 

Preservatives  permitted. — Until  further  notice  the  use  of  benzoate  of  soda  in 
accordance  with  the  terms  of  the  food  law  (section  2,  clause  4  of  the  provision)  is 
deemed  permissible  in  tomato  catsup,  in  crushed  fruits  intended  for  use  at  the  soda 
fountain,  in  natural  fruit  syrup  prepared  for  soda  fountain  use  and  in  bulk  ciders 
from  natural  fruits. 

BAKING    POWDERS. 

All  baking  powder*  must  l>e  lal)eled  in  accordance  with  the  following: 

Lst    It  must  give  the  true  name  of  the  manufacturer. 

2d.   The  label  must  not  contain  any  advertising  or  descriptive  matter. 

3d.  The  directions  for  use  may  be  given  on  the  label. 

4th.    It  must  show  the  true  net  weight  of  the  can,  package,  or  cartoon. 

5th.  There  shall  be  printed  on  a  light  colored  label  in  (dear  and  legible  type  the 
following:  "This  baking  powder  contains  the  following  constituents  and  none  other." 
There  shall  follow  in  the  plainest  English  words  an  enumeration  of  the  constituents 
contained  in  said  baking  powder. 

The  086  Of  sulphites  Is  prohibited  in  all  food  product-. 

Cream  of  tartar  must  be  free  from  alum,  phosphate,  lime  -alts  or  other  foreign  con- 
stituents. 

GAUDY. 
Oandy  must    he   free   from    inert    mineral    matter,    it    must    contain    no    terra    alba, 

barytas,  talc,  chrome  yellow  ,,r  other  mineral  substance  or  analine  (coal  tar  dyes 

or  other  colm-  or  flavors  detrimental  to  health.      They  should  contain  no  saccharine, 

sulphites,  or  paraffin, 

canned  oood-. 

(''iiiiuti  <)<><><ix  must  be  free  from  all  coal  tar  dye-  oi  other  foreign  colors,  bleaching 

agenta,  tillers  <  as  starch  or  tlmir  in  corn  I  chemical  preservatives  oi  -.t.  charine  and  be 


456  FOODS  AND  FOOD  CONTROL. 

preserved  by  sterilization  with  heat  only.     Copper  salts,  alums,  or  iron  salts  are  not 
permissible  in  peas,  beans,  etc. 

Soaked  goods. — All  products  put  up  from  previously  dried  or  partially  desiccated 
products  shall  be  plainly  labeled  "  Soaked"  in  letters  not  less  than  two  line  pica  in 
size. 

COFFEES,    COCOAS,    ETC. 

Coffee  must  be  true  to  name.  It  must  not  be  coated  or  polished  to  conceal  inferi- 
ority.    It  must  contain  the  extractive  volatile  matter  natural  to  coffee. 

Coffee  compounds. — Compounds  of  coffee  and  chicory,  or  of  coffee  and  other  harm- 
less substitutes  allied  to  it  in  flavor  and  strength  and  not  intended  simply  as  an 
adulterant  may  be  sold  when  properly  labeled  "Coffee  Compounded."  Imitations 
containing  no  coffee  cannot  be  sold  as  coffee  compounds.  They  may  be  sold  under 
coin  names  not  intended  to  deceive. 

Chocolate,  plain  or  bitter,  is  the  solid  or  plastic  mass  obtained  by  grinding  cocoa 
nibs  without  the  removal  of  fat  or  other  constituents  except  the  germ  or  without  the 
addition  of  foreign  constituents. 

Sweet  chocolate  and  chocolate  coating  are  plain  chocolate  mixed  with  sugar  (sucrose), 
with  or  without  the  addition  of  cocoa  butter,  spices,  or  other  flavoring  materials 

Cocoa  or  powdered  cocoa  is  cocoa  nibs,  with  or  without  the  genus,  deprived  of  a  por- 
tion of  its  fat  and  finely  pulverized,  but  without  the  addition  of  foreign  matter. 

Sweet  or  sweetened  cocoa  is  cocoa  mixed  with  sugar.     (Sucrose). 

CONDIMENTS,  SPICES,  ETC. 

All  spices  must  be  pure.  The  mixture  of  any  foreign  substance  with  any  spice  is 
an  adulteration.  The  extracting  of  the  active  principle  of  any  spice  as  extracting  or 
removing  the  oil  from  cloves  or  the  active  principle  of  ginger  is  an  adulteration.  A 
mixed  or  imitation  product  must  not  be  labeled  so  as  to  mislead  or  deceive  the  pur- 
chaser. The  word  "Compounded"  before  or  after  the  name  of  the  spice  is  not  a 
proper  labeling  for  imitation  or  adulterated  product. 

Catsup  must  be  made  from  ripe  tomatoes  without  the  addition  of  a  filler,  saccharin 
or  foreign  color.     (For  preservatives  see  page  455. ) 

Pickle*  must  be  true  to  name,  free  from  saccharin,  preservatives,  copper  salts, 
alums  or  iron  salts. 

EXTPvA'    PS. 

Lemon  extracts  must  contain  not  less  than  five  per  cent  of  the  pure  oil  of  lemon 
dissolved  in  ethyl  alcohol  and  to  be  standard  should  contain  the  extractive  matter 
from  lemon  skin-  and  must  be  free  from  foreign  coloring  matter. 

Vanilla  extracts  shall  be  made  wholly  from  vanilla  beans,  and  shall  be  free  from 

any  artificial  coloring  matter. 

All  other  extracts  shall  be  labeled  true  to  name. 

Artificial  or  synthetic  extracts  maybe  sold  when  labeled  "Artificial"  "Extracts," 

but  when  the  same  natural  extract  is  made  from  the  fruit  itself  an  imitation  product 
-hall  not  h<-  -old. 

T(  r/»  neless  U  »""'  extract  of  flavor  is  considered  a  permissible  labeling  for  harmless 

substitutes  for  lemon  extract  for  the  ase  of  Lakers'  and  bottlers'  goods  to  be  sold   in 

bulk. 

1'IU  TI-.    ii. I. in-,  -i  \  M,   i'i;i:-i:i:\  i>.    i  i<  . 

These  musl  he  in-<-  from  coal  tar  dyes,  most  not  he  colored  and  labeled  t<>  imitate 
some  other  product  soai  tod. -erne  or  mislead  the  purchaser.  They  must  be  free 
from  all  prohibited  or  other  Injurious  preservatives.  They  must  be  sweetened  with 
sucrose  and  made  exclusively  of  the  fruit  specified  in  the  name. 


NORTH    DAKOTA.  457 

< :lu cose,  jellies,  jams,  etc.,  are  made  from  pure  fruit  or  fruit  juices  sweetened  with 
glucose  or  sucrose  and  a  statement  as  to  the  per  cent  of  each. 

Imitation  fruit,  jellies,  jam*,  eta.,  are  substitutes  for  fruit  jellies  and  made  from 
glucose  or  other  harmless  products  free  from  preservatives,  coal  tar  dyes,  etc. 

Every  artificial  product  made  in  part  or  in  whole  of  glucose,  dextrine,  starch  or 
other  substances  aot  injurious  to  health  may  be  distinctly  labeled  "Imitation  fruit, 
jelly,  jam  or  butter,"  but  must  not  contain  the  name  of  any  fruit  so  as  to  deceive  or 
mislead  the  purchaser. 

Dried  fruits  should  not  contain  worms  and  be  tree  from  zinc,  lead,  or  bleaching 
agents,  etc. 

MEATS,    ETC. 

Meats  of  all  kinds  must  be  free  from  the  products  of  decomposition,  without  coal 
tar  colore,  or  chemical   preservatives  (such  as  sulphites,   borate.-,   aluminium  salts, 
and  must  be  true  to  name. 

Smoked  meats  t<>  be  standard  and  legal  must  be  prepared  by  the  natural  proa 
smoking,  that  is  by  the  actual  subjection  of  the  meal  to  the  influence  of  smoke  from 
wood. 

The  use  of  chemical  preparations  for  treating  meal  as  a  substitute  in  whole  or 
part,  for  Bmoking  does  not  entitle  the  product  to  be  called  "smoked  meats.11 

Sausages  Bie  finely  divided  or  hashed  meats  mixed  with  spices  and  flavoring,  cooked 
or  uncooked  and  free  from  chemical  preservatives,  coloring  matter  or  starch. 

Starch  fitters. — The  use  of  starch,  Hour,  or  potato  flour  as  a  filler  for  sausage  and 
other  prepared  meats  is  deemed  to  bean  adulteration,  and  meats  found  to  contain 
SUCh  a  filler  will  be  treated  as  illegal. 

BYKUP,    KOLAS8E8,    l.l<  , 

Maple  syrup  "/■  molasses  must  be  the  product  prepared  exclusively  from  the  s^ap  of 
the  maple  tree. 

\I<ij,i,  sugar  or  concreU  is  the  product  prepared  by  evaporation  to  crystallization  of 
the  sap  of  the  maple  tree  without  the  addition  of  sugar  from  other  BOUrceC 

Glucose  syrup  <>r  corn  .s;/rti/>  is  a  product  of  the  action  of  arid  on  starch  and  it  must 
h.-  free  from  acid  or  sulphites. 

Sorghum  syrup  or  m<>l<iss<s  is  syrup  made  exclusively  by  evaporating  the  jlhce  of 
the  Borghum  plant 

Molasses  \-  the  product  from  the  juices  of  the  sugar  cane  and  without  the  addition 

of  glue 

VTNBG  LBS. 

All  vinegar  must  contain  at  [east  four  per  cent  of  absolute  acetic  acid  carrying  in 

solution,  if  undi.-tilled,  extractives  fn.m  the  fruit,  grain,  vegetable  or  Byrup  used  in 

their  preparation.      The  term  "Vinegar"  is   limited   to  water  solution   of  acetic  add 
derived  from  alcohol  by  fermentation. 

Cider  or  appU  vinegar  must  be  made  wholly  from  the  fermented  juice  of  the  apple. 

Artificial  <>r  other  vinegars  fortified  with  another  must  not  be  sold  as  cider  vi: 

The  addition  of  apple  pomace  or  apple  jelly  to  vinegar  does   not   entitle  it  to  !., 

as  cider  \  inegar. 

Mali  vinegars  must  be  made  entirely  from  an  infusion  of  malted  -rain. 
W'iiK  vinegar  is  the  product  made  by  the  fermentation  of  the  juice  of  -ra; 

U,  distilled  or  whitt  iin<>j<\r  \~  the  product  made  by  the  acetic  fermentation  of 

distilled  alcohol. 


JJ  OF  FLORIDA 


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